11606 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

Federal Official, National Aeronautics 

and Space Administration, Washington, 

DC 20546, (202) 358–1894. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the seating capacity of the room. It is 

imperative that the meeting be held on 

this date to accommodate the 

scheduling priorities of the key 

participants. Attendees will be 

requested to sign a register and to 

comply with NASA security 

requirements, including the 

presentation of a valid picture ID, before 

receiving an access badge. Foreign 

nationals attending this meeting will be 

required to provide a copy of their 

passport, visa, or green card in addition 

to providing the following information 

no less than 7 working days prior to the 

meeting: full name; gender; date/place 

of birth; citizenship; visa/green card 

information (number, type, expiration 

date); passport information (number, 

country, expiration date); employer/ 

affiliation information (name of 

institution, address, country, phone); 

and title/position of attendee. To 

expedite admittance, attendees with 

U.S. citizenship can provide identifying 

information 3 working days in advance 

by contacting Ms. Marla K. King via email at marla.k.king@nasa.gov or by 

telephone at (202) 358–1148. Persons 

with disabilities who require assistance 

should indicate this. 

Dated: March 11, 2009. 

P. Diane Rausch, 

Advisory Committee Management Officer, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–5847 Filed 3–17–09; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–039; NRC–2009–0112] 

PPL Bell Bend, LLC; Combined 

License Application for the Bell Bend 

Nuclear Power Plant; Notice of 

Hearing, Opportunity To Petition for 

Leave To Intervene, and Associated 

Order 

Pursuant to the Atomic Energy Act of 

1954, as amended, and the regulations 

in Title 10 of the Code of Federal 

Regulations (10 CFR) Part 2, ‘‘Rules of 

Practice for Domestic Licensing 

Proceedings and Issuance of Orders,’’ 10 

CFR Part 50, ‘‘Domestic Licensing of 

Production and Utilization Facilities,’’ 

and 10 CFR Part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ notice is hereby 

given that a hearing will be held, at a 

time and place to be set in the future by 

the U.S. Nuclear Regulatory 

Commission (NRC, the Commission) or 

designated by the Atomic Safety and 

Licensing Board (Board). The hearing 

will consider the application dated 

October 10, 2008, filed by PPL Bell 

Bend, LLC, pursuant to Subpart C of 10 

CFR Part 52, for a combined license 

(COL). The application, which was 

supplemented by the applicant by 

letters dated November 18, 2008, 

November 24, 2008, December 1, 2008, 

and December 8, 2008, requests 

approval of a COL for the Bell Bend 

Nuclear Power Plant to be located in 

Luzerne County, Pennsylvania. The 

application was accepted for docketing 

on December 19, 2008 (73 FR 79519). 

The docket number established for this 

application is 52–039. The Bell Bend 

Nuclear Power Plant COL application 

incorporates by reference the 

application for a standard Design 

Certification for the U. S. Evolutionary 

Power Reactor (EPR) submitted to NRC 

by AREVA NP on December 11, 2007. 

This design certification application 

was supplemented by letters dated 

February 7, 2008, and February 20, 

2008. The U.S. EPR design certification 

application was accepted for docketing 

on February 25, 2008, and is the subject 

of an ongoing rulemaking under docket 

number 52–020. 

The hearing 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. 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 52.87, ‘‘Referral 

to the ACRS,’’ and the ACRS will report 

on those portions of the application that 

concern safety. 

Any person whose interest may be 

affected by this proceeding and who 

desires to participate as a party to this 

proceeding must file a written petition 

for leave to intervene in accordance 

with 10 CFR 2.309. Those permitted to 

intervene become parties to the 

proceeding, subject to any limitations in 

the order granting leave to intervene, 

and have the opportunity to participate 

fully in the conduct of the hearing. 

A petition for a leave to intervene 

must be filed no later than 60 days from 

the date of publication of this notice in 

the Federal Register. Non-timely filings 

will not be entertained absent a 

determination by the Commission or 

presiding officer designated to rule on 

the petition, pursuant to the 

requirements of 10 CFR 2.309(c)(i) 

through (c)(viii). 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing. A petition for leave to intervene 

must be filed in accordance with the 

NRC E-Filing rule, which was 

promulgated by the NRC on August 28, 

2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve documents over the Internet 

or in some cases to mail copies on 

electronic storage media. Participants 

may not submit paper copies of their 

filings unless they seek a waiver in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

petitioner must contact the Office of the 

Secretary by e-mail at 

HearingDocket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

participant will need to download the 

Workplace Forms ViewerTM to access 

the Electronic Information Exchange 

(EIE), a component of the E-Filing 

system. The Workplace Forms 

ViewerTM is free and is available at 

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

Information about applying for a digital 

ID certificate is available on NRC’s 

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

site-help/e-submittals/applycertificates.html. 

Once a participant has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a petition for 

leave to intervene. Submissions should 

be in Portable Document Format (PDF) 

in accordance with NRC guidance 

available on the NRC public Web site at 

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

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 


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receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a petition to intervene 

is filed so that they can obtain access to 

the document via the E-Filing system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

Meta-System Help Desk, which is 

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

Eastern Time, Monday through Friday. 

The Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) first class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i) through (c)(1)(viii). To 

be timely, filings must be submitted no 

later than 11:59 p.m. Eastern Time on 

the due date. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Except as required by the regulations, 

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. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Any person who files a motion 

pursuant to 10 CFR 2.323 must consult 

with counsel for the applicant and 

counsel for the NRC staff who are listed 

below. Counsel for the applicant is 

David A. Repka, Esq., 

drepka@winston.com, (202) 282–5726. 

Counsel for the NRC staff in this 

proceeding is Robert Weisman, 

robert.weisman@nrc.gov, (301) 415– 

1696. 

A person who is not a party may be 

permitted to make a limited appearance 

by making an oral or written statement 

of his or her position on the issues at 

any session of the hearing or any prehearing conference within the limits 

and conditions fixed by the presiding 

officer, but may not otherwise 

participate in the proceeding. These 

limited appearance statements need not 

be submitted using the E-filing process. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland and will be 

accessible electronically through the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room link at the 

NRC Web site http://www.nrc.gov/ 

reading-rm/adams.html. Persons who 

do not have access to ADAMS or who 

encounter problems in accessing 

documents located in ADAMS should 

contact the NRC PDR Reference staff by 

telephone at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. The application 

is available at http://www.nrc.gov/ 

reactors/new-reactors/col/bellbend.html. The ADAMS accession 

number for the application cover letter 

is ML082140630. To search for 

documents in ADAMS using the Bell 

Bend Nuclear Power Plant COL 

application docket number 52–039, 

enter the term ‘‘05200039’’ in the 

‘‘Docket Number’’ field when using 

either the web-based search (advanced 

search) engine or the ADAMS find tool 

in CITRIX. The AREVA Design Control 

Document (DCD), Rev. 0, which is 

incorporated by reference, can be found 

by going to http://www.nrc.gov/reactors/ 

new-reactors/design-cert/epr.html. To 

review available documents related to 

AREVA’s U.S. EPR design certification 

by using the docket number, enter the 

term ‘‘05200020’’ in the ADAMS 

‘‘Docket Number’’ field. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

1. 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)). 

2. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party as defined in 10 CFR 2.4 

who believes access to SUNSI or SGI is 

necessary for a response to the notice 

may request access to SUNSI or SGI. A 

‘‘potential party’’ is any person who 

intends or may intend to participate as 

a party by demonstrating standing and 

the filing of an admissible contention 

under 10 CFR 2.309. Requests submitted 

later than 10 days will not be 

considered absent a showing of good 

cause for the late filing, addressing why 

the request could not have been filed 

earlier. 

3. The requester shall submit a letter 

requesting permission to access SUNSI 

and/or SGI to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

HearingDocket@nrc.gov and 


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11608 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / 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 and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

2The requester will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and e-mail address. 

After providing this information, the requester 

usually should be able to obtain access to the online 

form within one business day. 

3Broad SGI requests under these procedures are 

thus highly 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 requester’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention. 

4 If a presiding officer has not yet been 

designated, the Chief Administrative Judge will 

issue such orders, or will appoint a presiding officer 

to do so. 

5Parties/persons other than the requester and the 

NRC staff will be notified by the NRC staff of a 

favorable access determination (and may participate 

in the development of such a motion and protective 

order) if it concerns SUNSI and if the party/person’s 

interest independent of the proceeding would be 

harmed by the release of the information (e.g., as 

with proprietary information). 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

a. A description of the licensing 

action with a citation to this Federal 

Register notice of hearing and 

opportunity to petition for leave to 

intervene; 

b. 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 (a); 

c. If the request is for SUNSI, the 

identity of the individual requesting 

access to SUNSI and the requester’s 

need for the information in order to 

meaningfully participate in this 

adjudicatory proceeding, particularly 

why publicly available versions of the 

application would not be sufficient to 

provide the basis and specificity for a 

proffered contention; 

d. If the request is for SGI, the identity 

of the individual requesting access to 

SGI and the identity of any expert, 

consultant or assistant who will aid the 

requester in evaluating the SGI, and 

information that shows: 

(i) Why the information is 

indispensable to meaningful 

participation in this licensing 

proceeding; and 

(ii) The technical competence 

(demonstrable knowledge, skill, 

experience, training or education) of the 

requester to understand and use (or 

evaluate) the requested information 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 demonstrates technical competence 

as well as trustworthiness and 

reliability, and who agrees to sign a nondisclosure affidavit and be bound by the 

terms of a protective order; and 

e. If the request is for SGI, Form SF– 

85, ‘‘Questionnaire for Non-Sensitive 

Positions,’’ Form FD–258 (fingerprint 

card), and a credit check release form 

completed by the individual who seeks 

access to SGI and each individual who 

will aid the requester in evaluating the 

SGI. For security reasons, Form SF–85 

can only be submitted electronically, 

through a restricted-access database. To 

obtain online access to the form, the 

requester should contact the NRC’s 

Office of Administration at 301–492– 

3524.2 The other completed forms must 

be signed in original ink, accompanied 

by a check or money order payable in 

the amount of $200.00 to the U.S. 

Nuclear Regulatory Commission for 

each individual, and mailed to the U.S. 

Nuclear Regulatory Commission, Office 

of Administration, Security Processing 

Unit, Mail Stop TWB–05 B32M, 

Washington, DC 20555–0012. 

These forms will be used to initiate 

the background check, which includes 

fingerprinting as part of a criminal 

history records check. 

Note: Copies of these forms do not need to 

be included with the request letter to the 

Office of the Secretary, but the request letter 

should state that the forms and fees have 

been submitted as described above. 

4. To avoid delays in processing 

requests for access to SGI, all forms 

should be reviewed for completeness 

and accuracy (including legibility) 

before submitting them to the NRC. 

Incomplete packages will be returned to 

the sender and will not be processed. 

5. Based on an evaluation of the 

information submitted under items 2 

and 3.a through 3.d above, the NRC staff 

will determine within 10 days of receipt 

of the written access 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) there is a legitimate need for 

access to SUNSI or need to know the 

SGI requested. For SGI, the need to 

know determination is made based on 

whether the information requested is 

necessary (i.e., indispensable) for the 

proposed recipient to proffer and litigate 

a specific contention in this NRC 

proceeding 3 and whether the proposed 

recipient has the technical competence 

(demonstrable knowledge, skill, 

training, education, or experience) to 

evaluate and use the specific SGI 

requested in this proceeding. 

6. If standing and need to know SGI 

are shown, the NRC staff will further 

determine based upon completion of the 

background check whether the proposed 

recipient is trustworthy and reliable. 

The NRC staff will conduct (as 

necessary) an inspection to confirm that 

the recipient’s information protection 

systems are sufficient to protect SGI 

from inadvertent release or disclosure. 

Recipients may opt to view SGI at the 

NRC’s facility rather than establish their 

own SGI protection program to meet SGI 

protection requirements. 

7. A request for access to SUNSI or 

SGI will be granted if: 

a. The request has demonstrated that 

there is a reasonable basis to believe that 

a potential party is likely to establish 

standing to intervene or to otherwise 

participate as a party in this proceeding; 

b. The proposed recipient of the 

information has demonstrated a need for 

SUNSI or a need to know for SGI, and 

that the proposed recipient of SGI is 

trustworthy and reliable; 

c. The proposed recipient of the 

information has executed a NonDisclosure Agreement or Affidavit and 

agrees to be bound by the terms of a 

Protective Order setting forth terms and 

conditions to prevent the unauthorized 

or inadvertent disclosure of SUNSI and/ 

or SGI; and 

d. The presiding officer has issued a 

protective order concerning the 

information or documents requested.4

Any protective order issued shall 

provide that the petitioner must file 

SUNSI or SGI contentions 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 or SGI 

contentions by that later deadline. 

8. If the request for access to SUNSI 

or SGI is granted, the terms and 

conditions for access to sensitive 

unclassified information will be set 

forth in a draft protective order and 

affidavit of non-disclosure appended to 

a joint motion by the NRC staff, any 

other affected parties to this 

proceeding,5 and the petitioner(s). If the 

diligent efforts by the relevant parties or 

petitioner(s) fail to result in an 

agreement on the terms and conditions 

for a draft protective order or nondisclosure affidavit, the relevant parties 

to the proceeding or the petitioner(s) 

should notify the presiding officer 


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6As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (72 FR 49139; 

August 28, 2007). Requesters should note that the 

filing requirements of that rule 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/SGI 

requests submitted to the NRC staff under these 

procedures. 

within 5 days, describing the obstacles 

to the agreement. 

9. If the request for access to SUNSI 

is denied by the NRC staff or a request 

for access to SGI is denied by NRC staff 

either after a determination on standing 

and need to know or, later, after a 

determination on trustworthiness and 

reliability, the NRC staff shall briefly 

state the reasons for the denial. Before 

the Office of Administration makes an 

adverse determination regarding access, 

the proposed recipient must be 

provided an opportunity to correct or 

explain information. The requester may 

challenge the NRC staff’s adverse 

determination with respect to access to 

SUNSI or with respect to standing or 

need to know for SGI by filing a 

challenge within 5 days of receipt of 

that determination with (a) the 

presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

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

been designated to rule on information 

access issues, with that officer. In the 

same manner, an SGI requester may 

challenge an adverse determination on 

trustworthiness and reliability by filing 

a challenge within 15 days of receipt of 

that determination. 

In the same manner, a party other 

than the requester may challenge an 

NRC staff determination granting access 

to SUNSI whose release would harm 

that party’s interest independent of the 

proceeding. Such a challenge must be 

filed within 5 days of the notification by 

the NRC staff of its grant of such a 

request. 

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 2.311.6

10. 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/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 

specificity and basis requirements in 10 

CFR Part 2. Attachment 1 to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

Dated at Rockville, Maryland, this 12th day 

of March 2009. 

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 and 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) 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 an 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. 

60 ............................ Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor 

reply). 

20 ............................ Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to 

know for SGI. (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). 

If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check 

(including fingerprinting for a criminal history records check), information processing (preparation of redactions or review 

of redacted documents), and readiness inspections. 

25 ............................ If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the 

presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for 

SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by 

the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

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

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

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

190 .......................... (Receipt +180) 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 (or to make a determination that the proposed 

recipient of SGI is not trustworthy or reliable). 

Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must 

be provided an opportunity to correct or explain information. 

205 .......................... Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. 

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. 


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Day Event/activity 

A + 3 ....................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision 

issuing the protective order. 

A + 28 ..................... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 or SGI contentions by that later deadline. 

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

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

B .............................. Decision on contention admission. 

[FR Doc. E9–5810 Filed 3–17–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 03033722, License No. 31– 

30187, EA–08–158; NRC–2009–0118] 

In the Matter of Quality Inspection 

Services, Inc.: Confirmatory Order 

Modifying License (Effective 

Immediately) 

I 

Quality Inspection Services, Inc. 

(QISI) (Licensee) is the holder of a 

byproduct materials license issued by 

the Nuclear Regulatory Commission 

(NRC or Commission) pursuant to 10 

CFR Part 34. The license was last 

renewed on November 28, 2005 

(Amendment 8), and was last amended 

on March 11, 2008 (Amendment 12). 

The license authorizes the operation of 

the QISI facility in accordance with 

conditions specified therein. The 

facility is located on the Licensee’s site 

in Manchester, Connecticut. 

II 

The NRC Office of Investigations (OI) 

initiated an investigation on March 16, 

2007, in part, to determine whether QISI 

willfully performed unauthorized 

radiography operations. Based on the 

evidence developed during the OI 

investigation, which was completed on 

November 30, 2007, the NRC identified 

an apparent willful violation involving 

QISI failing to maintain utilization logs 

for sealed sources, as required by 10 

CFR 34.71. A description of this 

apparent violation and a factual 

summary of the results of the 

investigation were sent to QISI in an 

NRC letter dated August 15, 2008. 

At the NRC’s request, QISI attended a 

predecisional enforcement conference 

(PEC) on August 27, 2008, to discuss the 

apparent violation and the results of the 

OI investigation. After considering the 

information presented in the PEC and 

the evidence developed during the 

investigation, the NRC determined that 

the violation occurred and was willful. 

Specifically, between November 15, 

2006, and March 2, 2007, QISI’s former 

site radiation safety officer (RSO) 

willfully failed to log the following 

information for each sealed source: (1) 

A description of the radiographic 

exposure device or transport or storage 

container in which the sealed source is 

located; (2) the identity and signature of 

the assigned radiographer; and, (3) the 

plant or site where the source was used, 

and when, including the dates on which 

the source was removed and returned to 

storage. In a letter dated September 15, 

2008, the NRC issued QISI a Notice of 

Violation and Proposed Imposition of 

Civil Penalty (Notice) in the amount of 

$6,500 for this violation. 

Because the violation was willful, the 

September 15, 2008 NRC letter included 

an offer to QISI to use the Alternative 

Dispute Resolution (ADR) program, in 

an attempt to resolve any issues it had 

with the enforcement action. The ADR 

program is a process in which a neutral 

mediator with no decision-making 

authority assists the parties in reaching 

an agreement on resolving any 

differences regarding the dispute. In 

response, on October 22, 2008, QISI 

requested the use of the ADR program. 

III 

On January 22, 2009, the NRC and 

QISI met in an ADR session mediated by 

a professional mediator, arranged 

through Cornell University’s Scheinman 

Institute on Conflict Resolution. During 

that ADR session, a preliminary 

settlement agreement was reached. This 

Confirmatory Order is the result of that 

agreement, the elements of which 

consisted of the following: 

1. The NRC and QISI agree that the 

violation of 10 CFR 34.71, referenced in 

the NRC letter, dated September 15, 

2008, occurred, as stated in the 

referenced Notice. 

2. As documented in the September 

15, 2008 NRC letter, QISI has taken 

several corrective actions in response to 

the willful violation, as well as other 

violations identified in the Notice of 

Violation and Proposed Imposition of 

Civil Penalty. Those actions, which the 

NRC agrees were prompt and 

comprehensive include: ensuring that 

employees involved in radiography 

activities have reviewed QISI’s 

Operations and Emergency (O&E) 

Manual, and reinforcing expectations 

regarding the existing Employee 

Concerns Program, specifically 

emphasizing the opportunity for 

employees to raise safety concerns. 

3. As a result of the ADR session, QISI 

agrees to take the following additional 

actions: 

a. Revise the existing O&E Manual to 

emphasize the importance of safe 

performance of radiography, strict 

compliance with requirements, all staff 

being complete and accurate in all 

communications, and all staff 

understanding that engaging in any 

willful misconduct will not be tolerated. 

b. Retrain all employees regarding the 

revisions to the O&E manual. 

c. Add a radiation safety component 

to the existing Corporate Newsletter, to 

be issued at least quarterly, focusing on 

radiation safety updates. In the first 

newsletter issued following the NRC 

Confirmatory Order confirming these 

commitments, the front page of that 

newsletter will include a message from 

the QISI President which emphasizes 

the importance of safe performance of 

radiography, strict compliance with 

requirements, all staff being complete 

and accurate in all communications, 

and all staff understanding that 

engaging in any willful misconduct will 

not be tolerated. 

d. Develop a video recording (DVD) 

that will be required viewing by all 

company employees who are involved 

in any manner in activities subject to 

NRC jurisdiction, and will also be 

placed on the QISI Web site for 

employee viewing and access. The 

video will include opening remarks by 

either the QISI President or the QISI 

Executive Vice President providing the 

expectations set forth in the Corporate 

Newsletter described in Item 3.c. 

e. Place the DVD referenced in Item 

3.d on the QISI public Web site, and 

offer to make the DVD available for a 

presentation at a national industry 

conference (e.g. American Society for 

Nondestructive Testing). 


tjames on PRODPC61 with NOTICES