3110 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

emergencies. The NRC will provide the 

State of Missouri, up to 10 digital 

certificates for use by State designated 

personnel in accessing ERDS data 

during emergencies at nuclear power 

plants which have implemented an 

ERDS interface, and for which any 

portion of the plant’s 10-mile EPZ lies 

within the of State of Missouri. The 

NRC reserves the right to revoke digital 

certificates at any time. 

V. State of Missouri’s General 

Responsibilities 

A. The State of Missouri, through its 

lead radiological agency, will, in 

cooperation with the NRC, establish a 

capability to receive ERDS data. To this 

end, the State of Missouri will provide 

the necessary computer hardware and 

commercially licensed software 

required for ERDS data transfer to users. 

B. The State of Missouri will provide 

the NRC with an initial, and 

periodically updated, list of designated 

persons serving as holders of ERDS 

digital certificates. 

C. The State of Missouri will use 

ERDS only to access data, at the Alert 

level or higher, from nuclear power 

plants for which all or a portion of the 

10-mile EPZ falls within its State 

boundary. 

D. For the purpose of minimizing the 

impact on plant operators, the State of 

Missouri will seek clarification of ERDS 

data through the NRC. 

VI. Implementation 

A. The State of Missouri and the NRC 

agree to work in concert to assure that 

the following communications and 

information exchange protocol 

regarding ERDS are followed: 

a. The State of Missouri and the NRC 

agree in good faith to make available to 

each other information within the intent 

and scope of this MOU. 

b. NRC and the State of Missouri agree 

to meet as necessary to exchange 

information on matters of common 

concern pertinent to this MOU. Unless 

otherwise agreed, such meetings will be 

held in the NRC Headquarters 

Operations Center. The affected utilities 

will be kept informed of pertinent 

information covered by this MOU. 

c. To preclude the premature release 

of sensitive information, NRC will 

protect sensitive information to the 

extent permitted by the Freedom of 

Information Act, 5 U.S.C. 552, Title 10 

of the Code of Federal Regulations, Part 

2.790, and all other applicable 

authority. The State of Missouri will 

protect sensitive information to the 

extent permitted by Chapter 610, 

Missouri Revised Statutes, and all other 

applicable authority. 

d. NRC will conduct periodic tests of 

licensee ERDS data links. A copy of the 

test schedule will be provided to the 

Missouri Department of Health and 

Senior Services, Section for Disease 

Control and Environmental 

Epidemiology by the NRC. The Missouri 

Department of Health and Senior 

Services, Section for Disease Control 

and Environmental Epidemiology, 

under the auspices of the State 

Emergency Management Agency, may 

test its ability to access ERDS data 

during these scheduled tests, or may 

schedule independent tests of the State 

link with the NRC. 

e. NRC will provide access to ERDS 

for emergency exercises with reactor 

units capable of transmitting exercise 

data to ERDS. For exercises in which the 

NRC is not participating, the Missouri 

Department of Health and Senior 

Services, Section for Disease Control 

and Environmental Epidemiology, 

under the auspices of the State 

Emergency Management Agency, will 

coordinate with the NRC in advance to 

ensure ERDS availability. NRC reserves 

the right to preempt ERDS use for any 

exercise in progress in the event of an 

actual event at any licensed nuclear 

power plant. 

VII. Contacts 

A. The principal senior management 

contacts for this MOU will be Director, 

Division of Preparedness and Response, 

Office of Nuclear Security and Incident 

Response for the NRC, and the Director, 

State Emergency Management Agency 

for the State of Missouri. These 

individuals may designate appropriate 

staff representatives for the purpose of 

administering this MOU. 

B. Identification of these contacts is 

not intended to restrict communication 

between NRC and Missouri Department 

of Health and Senior Services, Section 

for Disease Control and Environmental 

Epidemiology staff members on 

technical and other day-to-day 

activities. 

VIII. Resolution of Disagreements 

A. If disagreements arise about 

matters within the scope of this MOU, 

NRC and the State of Missouri will work 

together to resolve these differences. 

B. Differences between the State of 

Missouri and NRC staff over issues 

arising out of this MOU will, if they 

cannot be resolved in accordance with 

Section VIII.A, will be resolved by the 

Director of the NRC Division of 

Preparedness and Response, Office of 

Nuclear Security and Incident 

Response. 

C. Differences which cannot be 

resolved in accordance with Sections 

VIII.A and VIII.B will be reviewed and 

resolved by the NRC’s Director, Office of 

Nuclear Security and Incident 

Response. 

D. The NRC’s General Counsel has the 

final authority to provide legal 

interpretation of the Commission’s 

regulations. 

IX. Effective Date 

This MOU will take effect after it has 

been signed by both parties. 

X. Duration 

A formal review, not less than 1 year 

after the effective date, will be 

performed by the NRC to evaluate 

implementation of the MOU and resolve 

any problems identified. This MOU will 

be subject to periodic reviews and may 

be amended or modified upon written 

agreement by both parties, and may be 

terminated upon 30 days written notice 

by either party. 

XI. Separability 

If any provision(s) of this MOU, or the 

application of any provision(s) to any 

person or circumstances is held invalid, 

the remainder of this MOU and the 

application of such provisions to other 

persons or circumstances will not be 

affected. 

For the U.S. Nuclear Regulatory 

Commission. 

Dated: November 26, 2008. 

Martin Virgilio for R. William Borchardt, 

Executive Director for Operations, U.S. 

Nuclear Regulatory Commission. 

For the State of Missouri. 

Dated: July 10, 2008. 

Ronald M. Reynolds, 

Director, State Emergency Management 

Agency. 

[FR Doc. E9–980 Filed 1–15–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0028; Docket No. 70–1257] 

Notice of Opportunity To Request a 

Hearing for License Amendment 

Request From AREVA NP, Inc., 

Richland, WA and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information and Safeguards 

Information for Contention Preparation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by March 17, 2009. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3111 

FOR FURTHER INFORMATION CONTACT: 

Rafael L. Rodriguez, Project Manager, 

Fuel Manufacturing Branch, Division of 

Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Mail Stop EBB–2–C40M, 

Washington, DC 20555–0001, 

Telephone: (301) 492–3111; Fax 

number: (301) 492–3363; e-mail: 

Rafael.Rodriguez@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) has received, by 

letter dated August 22, 2008, a license 

amendment application from AREVA, 

requesting an amendment to its Special 

Nuclear Materials License No. SNM– 

1227 to install and operate a new 

process at an existing building. License 

No. SNM–1227 authorizes the licensee 

to receive title to, own, acquire, deliver, 

possess, use, and transfer uranium 

enriched up to 5% wt. for the 

production of nuclear fuel assemblies 

for commercial light water reactors. 

Specifically, the amendment would 

allow AREVA to install and operate a 

process that would recover uranium 

from waste material that contains a 

relatively low percentage of uranium 

using supercritical carbon dioxide (CO2) 

at the AREVA site located in Richland, 

Washington. 

An administrative review, 

documented in a letter to AREVA dated 

September 16, 2008, found the 

application acceptable to begin a 

detailed technical review. If the NRC 

approves the amendment, the approval 

will be documented in an amendment to 

NRC License No. SNM–1227. However, 

before approving the proposed 

amendment, the NRC will need to make 

the findings required by the Atomic 

Energy Act of 1954, as amended (the 

Act), and NRC’s regulations. These 

findings will be documented in a Safety 

Evaluation Report and an 

Environmental Assessment or 

Environmental Impact Statement. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a license amendment regarding a 

proposed process to extract uranium 

using supercritical CO2. Any person 

whose interest may be affected by this 

proceeding and who desires to 

participate as a party, must file a request 

for a hearing and a specification of the 

contentions which the person seeks to 

have litigated in the hearing, in 

accordance with the NRC E-Filing rule, 

10 CFR 2.302. The E-Filing rule 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 ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARING.DOCKET@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/requestor (or its counsel or 

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

petitioner/requestor will need to 

download the Workplace Forms 

Viewer TM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms Viewer TM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/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 petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

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 

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 hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically 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 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. Participants 

who believe that they have a good cause 

for not submitting documents 

electronically must file a motion, 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)–(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 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. 

Participants are requested not to include 

social security numbers in their filings. 

With respect to copyrighted works, 

except for limited excerpts that serve 

the purpose of the adjudicatory filings 

mstockstill on PROD1PC66 with NOTICES

3112 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their submission. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

March 17, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing must state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agency wide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: 

1. ML082420070: August 22, 2008, 

letter from R.E. Link Regarding Revised 

Application for Amendment to License 

No. SNM–11227; Installation of 

Supercritical CO2 Uranium Recovery 

Process (Docket No. 70–1257). 

2. ML082420071: Non-Proprietary 

Revised Application for Amendment to 

License No. SNM–11227; Installation of 

Supercritical CO2 Uranium Recovery 

Process (Docket No. 70–1257). 

If you do not have access to ADAMS 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737 or by e-mail to 

PDR.RESOURCE@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Rockville, Maryland, this 7th day 

of January, 2009. 

For the Nuclear Regulatory Commission. 

Peter J. Habighorst, 

Chief, Fuel Manufacturing Branch, Fuel 

Facility Licensing Directorate, Division of Fuel 

Cycle Safety and Safeguards, Office of 

Nuclear Materials Safety and Safeguards. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) and 

Safeguards Information (SGI) 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 

SUNSI and SGI). 

2. Within ten (10) days after 

publication of this notice of opportunity 

for hearing, 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 ten 

(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 addresses for both offices is 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, MD 

20852. The e-mail address for the Office 

of the Secretary and the Office of the 

General Counsel are HEARING.

DOCKET@NRC.GOV and 

OGCMAILCENTER.RESOURCE@

NRC.GOV, respectively. The request 

must include the following information: 

a. A description of the licensing 

action with a citation to this Federal 

Register Notice of Opportunity for 

Hearing; 

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 

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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3113 

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–248 (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 301–415– 

0320. The other completed forms must 

be signed in original ink, accompanied 

by a check or money order payable in 

the amount of $191.00 to the U.S. 

Nuclear Regulatory Commission for 

each individual, and mailed to the: 

Office of Administration, Security 

Processing Unit, Mail Stop TWB–05 

B32M, U.S. Nuclear Regulatory 

Commission, 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 ten 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 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. 

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, 

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 

within five (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 five (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 § 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 fifteen (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 five (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 

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3114 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

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. 

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. 

Dated at Rockville, Maryland, this 13th day 

of January, 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 (SUNSI) and Safeguards 

Information (SGI) in This Proceeding 

Day Event/activity 

0 .................... Publication of Federal Register, including order with instructions for access requests. 

10 .................. Deadline for submitting requests for access to SUNSI and/or 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. 

20 .................. 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. 

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). 

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. 

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/Intervener reply to answers. 

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

[FR Doc. E9–960 Filed 1–15–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Federal Prevailing Rate Advisory 

Committee; Open Committee Meetings 

According to the provisions of section 

10 of the Federal Advisory Committee 

Act (Pub. L. 92–463), notice is hereby 

given that meetings of the Federal 

Prevailing Rate Advisory Committee 

will be held on— 

Thursday, February 12, 2009. 

Thursday, March 19, 2009. 

The meetings will start at 10 a.m. and 

will be held in Room 5A06A, U.S. 

Office of Personnel Management 

Building, 1900 E Street, NW., 

Washington, DC. 

The Federal Prevailing Rate Advisory 

Committee is composed of a Chair, five 

representatives from labor unions 

holding exclusive bargaining rights for 

Federal blue-collar employees, and five 

representatives from Federal agencies. 

Entitlement to membership on the 

Committee is provided for in 5 U.S.C. 

5347. 

The Committee’s primary 

responsibility is to review the Prevailing 

Rate System and other matters pertinent 

to establishing prevailing rates under 

subchapter IV, chapter 53, 5 U.S.C., as 

amended, and from time to time advise 

the U.S. Office of Personnel 

Management. 

These scheduled meetings will start 

in open session with both labor and 

management representatives attending. 

During the meetings either the labor 

members or the management members 

mstockstill on PROD1PC66 with NOTICES