Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2035 

considered to the extent practicable. 

Send comments to the address below: 

FOR FURTHER INFORMATION CONTACT: 

Suzanne H. Plimpton, Reports Clearance 

Officer, National Science Foundation, 

2415 Eisenhower Avenue, Suite E6300, 

Alexandria, Virginia 22314; telephone 

(703) 292–7556; or send email to 

splimpto@nsf.gov. Individuals who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339 between 8:00 a.m. and 

8:00 p.m., Eastern time, Monday 

through Friday. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Higher Education 

Research and Development Survey. 

OMB Approval Number: 3145–0100. 

Expiration Date of Current Approval: 

July 31, 2025. 

Type of Request: Intent to seek 

approval to extend an information 

collection for three years. 

Abstract: Established within NSF by 

the America COMPETES 

Reauthorization Act of 2010 § 505, 

codified in the NSF Act of 1950, as 

amended, the National Center for 

Science and Engineering Statistics 

(NCSES)—one of 13 principal federal 

statistical agencies—serves as a central 

Federal clearinghouse for the collection, 

interpretation, analysis, and 

dissemination of objective data on 

science, engineering, technology, and 

research and development for use by 

practitioners, researchers, policymakers, 

and the public. 

The Higher Education Research and 

Development (R&D) Survey (formerly 

known as the Survey of R&D 

Expenditures at Universities and 

Colleges) originated in fiscal year (FY) 

1954 and has been conducted annually 

since FY 1972. The survey represents 

one facet of the research and 

development component of NCSES’s 

statistical program, which also includes 

R&D surveys on the business, federal 

government, higher education, state 

government, and nonprofit sectors. 

Use of the Information: The proposed 

project will continue the annual survey 

cycle for three years. The Higher 

Education R&D Survey will provide 

continuity of statistics on R&D 

expenditures by source of funding, type 

of R&D (basic research, applied 

research, or development), and field of 

research, with separate data requested 

on research equipment by field. Further 

breakdowns are collected on funds 

passed through to subrecipients and 

funds received as a subrecipient, and on 

R&D expenditures by field from specific 

federal agency sources. The survey also 

requests total R&D expenditures funded 

from foreign sources, R&D within an 

institution’s medical school, clinical 

trial expenditures, R&D by type of 

funding mechanism (contracts vs. 

grants), and R&D by cost category 

(salaries, equipment, software, etc.). In 

addition, the survey requests 

headcounts and full-time equivalents of 

R&D personnel (researchers, R&D 

technicians, and R&D support staff). 

Data are published in NSF’s annual 

publication series Higher Education 

Research and Development, available on 

the web at http://www.nsf.gov/statistics/ 

srvyherd/. 

Expected respondents: The FY 2025 

Higher Education R&D Survey standard 

form will be administered to 

approximately 690 institutions. In 

addition, a shorter version of the survey 

asking for R&D expenditures by source 

of funding and broad field will be sent 

to approximately 270 institutions 

spending at least $150 thousand but less 

than $1 million on R&D in their 

previous fiscal year. A short population 

review screener is also sent to 

approximately 140 institutions before 

the survey cycle to identify potential 

eligible institutions not already in the 

survey frame. Finally, a survey 

requesting R&D expenditures by source 

of funds, cost categories, and type of 

R&D will be administered to the 42 

Federally Funded Research and 

Development Centers. 

Estimate of burden: The survey is a 

fully automated web data collection 

effort and is handled primarily by 

administrators in university sponsored 

programs and accounting offices. To 

minimize burden, institutions are 

provided with an abundance of 

guidance and resources on the web and 

can respond via a downloadable 

spreadsheet if desired. Each institution’s 

record is pre-loaded with the 2 previous 

years of comparable data that facilitate 

editing and trend checking. Response to 

this voluntary survey has exceeded 95 

percent each year. 

The average burden estimate per 

survey cycle is 64 hours for the 

approximately 690 institutions reporting 

at least $1 million in R&D expenditures, 

8 hours for the approximately 270 

institutions reporting at least $150 

thousand but less than $1 million, 1 

hour for the approximately 140 

institutions in the population screener, 

and 11 hours for the 42 organizations 

completing the FFRDC survey. The total 

calculated burden across all forms is 

46,922 hours. 

Comments: Comments are invited on 

(a) whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the Agency’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology; 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. 

Dated: January 6, 2025. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2025–00379 Filed 1–8–25; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–3103; NRC–2024–0223] 

Louisiana Energy Services, LLC, dba 

Urenco USA; National Enrichment 

Facility; License Amendment 

Application 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Opportunity to request a hearing 

and to petition for leave to intervene; 

order imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) staff accepted and 

docketed an application for the 

amendment of Special Nuclear 

Materials (SNM) License No. SNM– 

2010, submitted by Louisiana Energy 

Services, LLC, dba Urenco USA dated 

August 29, 2024. The license 

amendment request (LAR) would 

authorize the applicant to modify the 

National Enrichment Facility, located in 

Eunice, New Mexico to increase the 

enrichment limit for the on-site 

recycling and support systems from 5.5 

weight percent Uranium 235 (U–235) to 

less than 10.0 weight percent U–235 

(LEU+), and would remove interim 

controls that were established by a prior 

license amendment for segregation and 

storage of LEU+-exposed components 

removed from production systems. 

Because this amendment request 

contains Sensitive Unclassified NonSafeguards Information (SUNSI), an 

order imposes procedures to obtain 

access to SUNSI and Safeguards 

Information (SGI) for contention 

preparation. 


khammond on DSK9W7S144PROD with NOTICES
2036 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

DATES: Requests for a hearing or petition 

for leave to intervene must be filed by 

March 11, 2025. 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 and/or 

SGI is necessary to respond to this 

notice must request document access by 

January 21, 2025. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0223 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2024–0223. 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, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The license 

amendment request is available in 

ADAMS under Package Accession No. 

ML24242A196. In addition, for the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. 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 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Rowley, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–4053; email: 

Jonathan.Rowley@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC has received, by letter dated 

August 29, 2024, a license amendment 

request (LAR) from Louisiana Energy 

Services, LLC, dba Urenco USA, to 

amend License No. SNM–2010 at the 

National Enrichment Facility, located 

five miles east of Eunice, New Mexico. 

The National Enrichment Facility is a 

gas centrifuge uranium enrichment 

facility authorized to possess, use, and 

store SNM, source material, and 

byproduct material. With a prior LAR, 

Urenco USA was granted approval to 

increase the enrichment level for 

production systems from 5.5 weight 

percent Uranium-235 (U–235) to less 

than 10.0 weight percent U–235. That 

previous LAR also included interim 

control measures for the segregation and 

storage of LEU+-exposed components 

removed from the production systems. 

This August 29, 2024, LAR would allow 

Urenco USA to apply the LEU+ 

enrichment limit to the on-site recycling 

and support systems, and to remove the 

interim controls established for the 

segregation and storage of LEU+- 

exposed components removed from 

production systems. 

As documented in an administrative 

completeness review, dated November 

26, 2024, the NRC staff found the 

application, as supplemented, 

acceptable for a technical review. 

During the technical review, the NRC 

staff will review the application, as 

supplemented, in areas that include, but 

are not limited to, radiation safety, 

chemical safety, fire safety, security, 

environmental protection, and material 

control/accountability. Prior to reaching 

a decision on the request to amend 

SNM–2010, the NRC staff will need to 

conduct a review and make a 

determination in accordance with the 

Atomic Energy Act of 1954, as amended, 

and the NRC’s regulations. The NRC’s 

findings will be documented in a safety 

evaluation report. 

II. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through ADAMS. 

Document description ADAMS Accession No. 

Louisiana Energy Services, LLC, dba Urenco USA—License Amendment Request to Raise Enrichment 

Limit to the Licensed Limit for LEU+ Recycling and Support Systems (LAR–24–01), dated August 29, 

2024.

ML24242A197. 

Enclosure 1—Louisiana Energy Services, LLC, dba Urenco USA—Affidavit, dated August 29, 2024 ....... ML24242A198. 

Enclosure 2—Louisiana Energy Services, LLC, dba Urenco USA—Description of Proposed Changes for 

Increased Enrichment for On-site Recycling and Support Systems (LAR 24–01).

ML24242A199 (non-public, withheld 

pursuant to 10 CFR 2.390). 

Enclosure 3—Louisiana Energy Services, LLC, dba Urenco USA—Mark-up Pages to the Safety Analysis Report (LAR 24–01).ML24242A200. 

Enclosure 4—Louisiana Energy Services, LLC, dba Urenco USA—Mark-up Pages to the Integrated 

Safety Analysis Summary (LAR 24–01).

ML24242A201 (non-public, withheld 

pursuant to 10 CFR 2.390). 

Enclosure 5—Louisiana Energy Services, LLC, dba Urenco USA—Integrated Safety Analysis Summary 

with changes incorporated (LAR 24–01).

ML24242A202 (non-public, withheld 

pursuant to 10 CFR 2.390). 

Enclosure 6—Louisiana Energy Services, LLC, dba Urenco USA—Environmental Information ................ ML24242A203. 

Acceptance for review of UUSA License Amendment Request to Raise Enrichment Limit to the Licensed Limit for LEU+ Recycling and Support Systems (LAR–24–01), dated November 26, 2024.ML24327A210. 

UUSA Request for Less Than 10 Weight Percent Uranium 235 ................................................................. ML24318C240 (Package). 

Enclosure 4—Safety Evaluation Report for UUSA Request for Less Than 10 Weight Percent Uranium 

235 (Redacted).

ML24366A122. 

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. If 

a petition is filed, the presiding officer 

will rule on the petition and, if 

appropriate, a notice of a hearing will be 

issued. 


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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2037 

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 

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) no later than 60 days from the 

date of publication of this notice. 

Alternatively, a State, local 

governmental body, Federally 

recognized Indian Tribe, or designated 

agency thereof may participate as a nonparty 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 (https://

adamswebsearch2.nrc.gov/webSearch2/ 

main.jsp?AccessionNumber=

ML20340A053) and on the NRC public 

website at https://www.nrc.gov/aboutnrc/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 further discussed, 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’s public 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 

time-stamps 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, except Federal 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 

previously described, click ‘‘cancel’’ 

when the link requests certificates and 

you will be automatically directed to the 

NRC’s electronic hearing docket 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 

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 and Safeguards 

Information for Contention Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 

B. Within 10 days after publication of 

this notice of hearing or opportunity for 

hearing, any potential party who 

believes access to SUNSI or SGI is 

necessary to respond to this notice may 

request access to SUNSI or SGI. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 


khammond on DSK9W7S144PROD with NOTICES
2038 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / 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. 

2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, NRC staff redaction of information 

from requested documents before their release may 

be appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide the 

requestor’s full name, social security number, date 

and place of birth, telephone number, and email 

address. After providing this information, the 

requestor usually should be able to obtain access to 

the online form within one business day. 

4This fee is subject to change pursuant to DCSA’s 

adjustable billing rates. 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI or 

SGI submitted later than 10 days after 

publication 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, 

SGI, or both 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 addresses 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); 

(3) If the request is for SUNSI, the 

identity of the individual or entity 

requesting access to SUNSI and the 

requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; and 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated 

in 10 CFR 73.2, the statement must 

explain: 

(i) Specifically, why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant, or assistant 

who satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions,’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart C, and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

National Background Investigation 

Services e-App system, a secure website 

that is owned and operated by the 

Defense Counterintelligence and 

Security Agency (DCSA). To obtain 

online access to the form, the requestor 

should contact the NRC’s Office of 

Administration at 301–415–3710.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

will be provided in the background 

check request package supplied by the 

Office of Administration for each 

individual for whom a background 

check is being requested. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR part 2, 

subpart C, 10 CFR 73.22(b)(1), and 

Section 149 of the Atomic Energy Act of 

1954, as amended, which mandates that 

all persons with access to SGI must be 

fingerprinted for an FBI identification 

and criminal history records check. 

(d) A check or money order payable 

in the amount of $369.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(e) If the requestor or any 

individual(s) who will have access to 

SGI believes they belong to one or more 

of the categories of individuals that are 

exempt from the criminal history 

records check and background check 

requirements in 10 CFR 73.59, the 

requestor should also provide a 

statement identifying which exemption 

the requestor is invoking and explaining 

the requestor’s basis for believing that 

the exemption applies. While 

processing the request, the Office of 

Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the need to 

know, are still applicable. 

Note: Copies of documents and materials 

required by paragraphs C.(4)(b), (c), and (d) 

of this Order must be sent to the following 

address: U.S. Nuclear Regulatory 

Commission, Office of Administration, 

ATTN: Personnel Security Branch, Mail Stop: 

TWFN–07D04M, 11555 Rockville Pike, 

Rockville, MD 20852. 

These documents and materials 

should not 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 

required. 

D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. 

E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4), as applicable, 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 or 

need to know the SGI requested. 


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5Any 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. 

6Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 

7Requestors 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, 78 FR 34247, June 7, 2013) 

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 request submitted to the NRC 

staff under these procedures. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(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 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI.5

G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2), the 

Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI 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 or SGI 

contentions by that later deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, or after a determination 

on trustworthiness and reliability, the 

NRC staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) Before the Office of 

Administration makes a final adverse 

determination regarding the 

trustworthiness and reliability of the 

proposed recipient(s) for access to SGI, 

the Office of Administration, in 

accordance with 10 CFR 2.336(f)(1)(iii), 

must provide the proposed recipient(s) 

any records that were considered in the 

trustworthiness and reliability 

determination, including those required 

to be provided under 10 CFR 

73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. 

(3) The requestor 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 this 

individual 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. 

(4) The requestor may challenge the 

Office of Administration’s final adverse 

determination with respect to 

trustworthiness and reliability for access 

to SGI by filing a request for review in 

accordance with 10 CFR 2.336(f)(1)(iv). 

(5) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

K. 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 this 

individual 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. 

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 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. The attachment to this 

Order summarizes the general target 

schedule for processing and resolving 

requests under these procedures. 

It is so ordered. 

Dated: January 6, 2025. 

For the Nuclear Regulatory Commission. 

Carrie Safford, 

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 


khammond on DSK9W7S144PROD with NOTICES
2040 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

Day Event/activity 

0 .............................. Publication of Federal Register notice of hearing or opportunity for hearing, 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: (i) supporting the standing of a potential party identified by name and address; (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; (iii) 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; and (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 ............................ 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 (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,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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 Agreement or Affidavit. Deadline for applicant/licensee to 

file Non-Disclosure Agreement or Affidavit 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 Agreement or Affidavit (or to make a determination that 

the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, 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 trustworthiness or reliability determination under 10 

CFR 2.336(f)(1)(iv). 

A .............................. If access granted: Issuance of a decision by a presiding officer or other designated officer 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 Agreements or 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 opportunity to request a hearing and petition for leave to intervene), 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. 

>A + 60 ................... Decision on contention admission. 

[FR Doc. 2025–00348 Filed 1–8–25; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2025–1037 and K2025– 

1036; MC2025–1038 and K2025–1037] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: January 13, 

2025. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at https://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Public Proceeding(s) 

III. Summary Proceeding(s) 

I. Introduction 

Pursuant to 39 CFR 3041.405, the 

Commission gives notice that the Postal 

Service filed request(s) for the 

Commission to consider matters related 

to Competitive negotiated service 

agreement(s). The request(s) may 

propose the addition of a negotiated 

service agreement from the Competitive 

product list or the modification of an 

existing product currently appearing on 

the Competitive product list. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1


khammond on DSK9W7S144PROD with NOTICES