26232 Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Notices 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 87 FR 24593 (April 26, 

2022). 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: 9:30 a.m., Tuesday, May 

10, 2022. 

CHANGES IN THE MEETING: Any press and 

public attending in person must comply 

with the COVID–19 guidelines and may 

enter the NTSB Conference Center one 

hour prior to the meeting for set up and 

seating. 

For those attending the meeting in 

person, COVID–19 mitigation measures, 

which are based on CDC COVID–19 

Community Levels in the Washington, 

DC metro area, will be announced via 

media advisory and posted on the Board 

Meeting web page the Friday before the 

meeting. Measures may include masking 

and social distancing. See the Board 

meeting web page at www.ntsb.gov. 

CONTACT PERSON FOR MORE INFORMATION: 

Candi Bing at (202) 314–6403 or by 

email at bingc@ntsb.gov. 

Media Information Contact: Eric 

Weiss email at eric.weiss@ntsb.gov or at 

(202) 314–6100. 

Individuals requesting specific 

accommodations should contact 

Rochelle McCallister at (202) 314–6305 

or by email at Rochelle.McCallister@

ntsb.gov by Wednesday, May 4, 2022. 

Additional Information: The public is 

invited to attend the Safety Board’s 

meeting live by webcast at the Web 

address http://ntsb.windrosemedia.com. 

Further information about attending in 

person will be posted on www.ntsb.gov 

and NTSB social media sites closer to 

the event date. 

Schedule updates, including weatherrelated cancellations, are also available 

at www.ntsb.gov. 

The National Transportation Safety 

Board is holding this meeting under the 

Government in the Sunshine Act, 5 

U.S.C. 552(b). 

Dated: Friday, April 29, 2022. 

LaSean McCray, 

Alternate Federal Register Liaison Officer. 

[FR Doc. 2022–09534 Filed 4–29–22; 11:15 am] 

BILLING CODE 7533–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0094] 

Applications and Amendments to 

Facility Operating Licenses and 

Combined Licenses Involving 

Proposed No Significant Hazards 

Considerations and Containing 

Sensitive Unclassified Non-Safeguards 

Information and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

notice of opportunity to comment, 

request a hearing, and petition for leave 

to intervene; order imposing 

procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received and is 

considering approval of one amendment 

request. The amendment request is for 

Diablo Canyon Power Plant, Units 1 and 

2. For the amendment request, the NRC 

proposes to determine that it involves 

no significant hazards consideration 

(NSHC). Because the amendment 

request contains sensitive unclassified 

non-safeguards information (SUNSI), an 

order imposes procedures to obtain 

access to SUNSI for contention 

preparation by persons who file a 

hearing request or petition for leave to 

intervene. 

DATES: Comments must be filed by June 

2, 2022. A request for a hearing or a 

petition for leave to intervene must be 

filed by July 5, 2022. Any potential 

party as defined in section 2.4 of title 10 

of the Code of Federal Regulations (10 

CFR) who believes access to SUNSI is 

necessary to respond to this notice must 

request document access by May 13, 

2022. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0094. 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. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Entz, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–2464, email: 

Kathleen.Entz@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2022– 

0094, facility name, unit number(s), 

docket number(s), application date, and 

subject when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0094. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

415–4737, or by email to 

PDR.Resource@nrc.gov. The publicly 

available portions of the license 

amendment request are available in 

ADAMS under Accession No. 

ML22048A526. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

Eastern Time (ET), Monday through 

Friday, except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2022–0094, facility 

name, unit number(s), docket 


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number(s), application date, and 

subject, in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Background 

Pursuant to Section 189a.(1)–(2) of the 

Atomic Energy Act of 1954, as amended 

(the Act), the NRC is publishing this 

notice. The Act requires the 

Commission to publish notice of any 

amendments issued, or proposed to be 

issued and grants the Commission the 

authority to issue and make 

immediately effective any amendment 

to an operating license or combined 

license, as applicable, upon a 

determination by the Commission that 

such amendment involves NSHC, 

notwithstanding the pendency before 

the Commission of a request for a 

hearing from any person. 

This notice includes a notice of an 

amendment containing SUNSI. 

III. Notice of Consideration of Issuance 

of Amendments to Facility Operating 

Licenses and Combined Licenses, 

Proposed No Significant Hazards 

Consideration Determination, and 

Opportunity for a Hearing 

The Commission has made a 

proposed determination that the 

following amendment request involves 

NSHC. Under the Commission’s 

regulations in 10 CFR 50.92, this means 

that operation of the facility in 

accordance with the proposed 

amendment would not (1) involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated, or (2) create the possibility of 

a new or different kind of accident from 

any accident previously evaluated, or 

(3) involve a significant reduction in a 

margin of safety. The basis for this 

proposed determination for the 

amendment request is shown below. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period if circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

If the Commission takes action prior to 

the expiration of either the comment 

period or the notice period, it will 

publish a notice of issuance in the 

Federal Register. If the Commission 

makes a final no significant hazards 

consideration determination, any 

hearing will take place after issuance. 

The Commission expects that the need 

to take this action will occur very 

infrequently. 

A. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any persons 

(petitioners) 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 that 

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 a current copy 

of 10 CFR 2.309. The NRC’s regulations 

are accessible electronically from the 

NRC Library on the NRC’s website at 

https://www.nrc.gov/reading-rm/doccollections/cfr. If a petition is filed, the 

Commission or a presiding officer will 

rule on the petition and, if appropriate, 

a notice of a hearing will be issued. 

As required by 10 CFR 2.309(d) the 

petition must specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order that may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions that the petitioner 

seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion that support the contention and 

on which the petitioner intends to rely 

in proving the contention at the hearing. 

The petitioner must also provide 

references to the specific sources and 

documents on which the petitioner 

intends to rely to support its position on 

the issue. The petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact—this information must 

include references to specific portions 

of the application that the petitioner 

disputes and the supporting reasons for 

each dispute, or, if the petitioner 

believes that the application fails to 

contain information on a relevant matter 

as required by law, the identification of 

each failure and the supporting reasons 

for the petitioner’s belief. Contentions 

must be limited to matters within the 

scope of the proceeding and must be 

material to the findings the NRC must 

make to support the action that is 

involved in the proceeding. A petitioner 

who fails to satisfy the requirements at 

10 CFR 2.309(f) with respect to at least 

one contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. 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). The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 


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Submissions (E-Filing)’’ section of this 

document. 

If a hearing is requested, and the 

Commission has not made a final 

determination on the issue of NSHC, the 

Commission will make a final 

determination on the issue of NSHC. 

The final determination will serve to 

establish when the hearing is held. If the 

final determination is that the 

amendment request involves NSHC, the 

Commission may issue the amendment 

and make it immediately effective, 

notwithstanding the request for a 

hearing. Any hearing would take place 

after issuance of the amendment. If the 

final determination is that the 

amendment request involves a 

significant hazards consideration, then 

any hearing held would take place 

before the issuance of the amendment 

unless the Commission finds an 

imminent danger to the health or safety 

of the public, in which case it will issue 

an appropriate order or rule under 10 

CFR part 2. 

A State, local governmental body, 

Federally recognized Indian Tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). The petition 

must be submitted to the Commission 

no later than 60 days from the date of 

publication of this notice. The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 

Submissions (E-Filing)’’ section of this 

document, and must meet the 

requirements for petitions set forth in 10 

CFR 2.309, except that under 10 CFR 

2.309(h)(2) a State, local governmental 

body, or Federally recognized Indian 

Tribe, or agency thereof does not need 

to address the standing requirements in 

10 CFR 2.309(d) if the facility is located 

within its boundaries. Alternatively, a 

State, local governmental body, 

Federally recognized Indian Tribe, or 

agency thereof may participate as a nonparty under 10 CFR 2.315(c). 

If a petition is submitted, any person 

who is not a party to the proceeding and 

is not affiliated with or represented by 

a party may, at the discretion of the 

presiding officer, be permitted to make 

a limited appearance pursuant to the 

provisions of 10 CFR 2.315(a). A person 

making a limited appearance may make 

an oral or written statement of his or her 

position on the issues but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to the 

limits and conditions as may be 

imposed by the presiding officer. Details 

regarding the opportunity to make a 

limited appearance will be provided by 

the presiding officer if such sessions are 

scheduled. 

B. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings including 

documents filed by an interested State, 

local governmental body, Federally 

recognized Indian Tribe, or designated 

agency thereof that requests to 

participate under 10 CFR 2.315(c), must 

be filed in accordance with 10 CFR 

2.302. The E-Filing process requires 

participants to submit and serve all 

adjudicatory documents over the 

internet, or in some cases, to mail copies 

on electronic storage media, unless an 

exemption permitting an alternative 

filing method, as discussed below, is 

granted. Detailed guidance on electronic 

submissions is located in the Guidance 

for Electronic Submissions to the NRC 

(ADAMS Accession No. ML13031A056) 

and on the NRC website at https://

www.nrc.gov/site-help/esubmittals.html. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

Hearing.Docket@nrc.gov, or by 

telephone at 301–415–1677, to (1) 

request a digital identification (ID) 

certificate, which allows the participant 

(or its counsel or representative) to 

digitally sign submissions and access 

the E-Filing system for any proceeding 

in which it is participating; and (2) 

advise the Secretary that the participant 

will be submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at https://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. After a digital ID 

certificate is obtained and a docket 

created, the participant must submit 

adjudicatory documents in Portable 

Document Format. Guidance on 

submissions is available on the NRC’s 

public website at https://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m., ET, on the due date. Upon receipt 

of a transmission, the E-Filing system 

timestamps the document and sends the 

submitter an email confirming receipt of 

the document. The E-Filing system also 

distributes an email that provides access 

to the document to the NRC’s Office of 

the General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed to obtain access to 

the documents via the E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at https:// 

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., ET, Monday 

through Friday, excluding government 

holidays. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted in accordance with 

10 CFR 2.302(b)–(d). Participants filing 

adjudicatory documents in this manner 

are responsible for serving their 

documents on all other participants. 

Participants granted an exemption 

under 10 CFR 2.302(g)(2) must still meet 

the electronic formatting requirement in 

10 CFR 2.302(g)(1), unless the 

participant also seeks and is granted an 

exemption from 10 CFR 2.302(g)(1). 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket, which is 

publicly available at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the presiding 

officer. If you do not have an NRCissued digital ID certificate as described 

above, click ‘‘cancel’’ when the link 

requests certificates and you will be 

automatically directed to the NRC’s 

electronic hearing dockets where you 

will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information such as social 

security numbers, home addresses, or 


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1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

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

the initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

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

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

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. 

The following table provides the plant 

name, docket number, date of 

application, ADAMS accession number, 

and location in the application of the 

licensee’s proposed NSHC 

determination. For further details with 

respect to this license amendment 

application, see the application for 

amendment, publicly available portions 

of which are available for public 

inspection in ADAMS. For additional 

direction on accessing information 

related to this document, see the 

‘‘Obtaining Information and Submitting 

Comments’’ section of this document. 

Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; San Luis Obispo County, CA 

Docket No(s) ....................................................... 50–275, 50–323. 

Application Date .................................................. February 16, 2022. 

ADAMS Accession No ........................................ ML22048A526. 

Location in Application of NSHC ........................ Pages 3–5 in Attachment 1 of the Enclosure. 

Brief Description of Amendment(s) .................... The amendment would permit alternative security measures for the implementation of an early 

warning system. 

Proposed Determination ..................................... NSHC. 

Name of Attorney for Licensee, Mailing Address Jennifer Post, Esq., Pacific Gas and Electric Co., 77 Beale Street, Room 3065, Mail Code 

B30A, San Francisco, CA 94105. 

NRC Project Manager, Telephone Number ....... Samson Lee, 301–415–3168. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

Pacific Gas and Electric Company; 

Diablo Canyon Power Plant, Units 1 

and 2; San Luis Obispo County, CA 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing SUNSI. 

B. Within 10 days after publication of 

this notice of opportunity to petition for 

leave to intervene, any potential party 

who believes access to SUNSI is 

necessary to respond to this notice may 

request access to SUNSI. A ‘‘potential 

party’’ is any person who intends to 

participate as a party by demonstrating 

standing and filing an admissible 

contention under 10 CFR 2.309. 

Requests for access to SUNSI submitted 

later than 10 days after publication of 

this notice will not be considered absent 

a showing of good cause for the late 

filing, addressing why the request could 

not have been filed earlier. 

C. The requestor shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Deputy 

General Counsel for Licensing, 

Hearings, and Enforcement, Office of the 

General Counsel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. The expedited delivery 

or courier mail address for both offices 

is: U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The email address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

RidsOgcMailCenter.Resource@nrc.gov, 

respectively.1 The request must include 

the following information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); and 

(3) The identity of the individual or 

entity requesting access to SUNSI and 

the requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under paragraph 

C, the NRC staff will determine within 

10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requestor satisfies both D.(1) and D.(2), 

the NRC staff will notify the requestor 

in writing that access to SUNSI has been 

granted. The written notification will 

contain instructions on how the 

requestor may obtain copies of the 

requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after receipt of (or 

access to) that information. However, if 

more than 25 days remain between the 

petitioner’s receipt of (or access to) the 

information and the deadline for filing 

all other contentions (as established in 

the notice of opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing and requisite 

need, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requestor may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 


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3Requestors should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007, as amended at 77 FR 

46562; August 3, 2012) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

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. 

(3) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

H. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed within 5 days of 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); 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 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

The attachment to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated: April 13, 2022. 

For the Nuclear Regulatory Commission. 

Brooke P. Clark, 

Secretary of the Commission. 

ATTACHMENT 1—General Target 

Schedule for Processing and Resolving 

Requests for Access to Sensitive 

Unclassified Non-Safeguards 

Information in This Proceeding 

Day Event/activity 

0 ................... Publication of Federal Register notice of opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ................. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in order 

for the potential party to participate meaningfully in an adjudicatory proceeding. 

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

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

any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) 

If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 

25 ................. If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to 

reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party 

to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a 

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

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

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

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

A ................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to 

sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

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

the protective order. 

A + 28 .......... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI 

contentions by that later deadline. 

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

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

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

[FR Doc. 2022–08292 Filed 5–2–22; 8:45 am] 

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