Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 38429 

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, which is accessible 24 

hours a day, 7 days a week, 365 days a 

year (including Federal holidays). 

SUPPLEMENTARY INFORMATION: 

Title of Collection: National Science 

Foundation (NSF) Small Business 

Innovation Research (SBIR)/Small 

Business Technology Transfer (STTR) 

Pre-Award Information Collection. 

OMB Control No.: 3145–New. 

Expiration Date of Approval: Not 

applicable. 

Abstract: The NSF SBIR/STTR 

programs focus on transforming 

scientific discovery into products and 

services with commercial potential and/ 

or societal benefit. Unlike fundamental 

or basic research activities that focus on 

scientific and engineering discoveries, 

the NSF SBIR/STTR programs support 

the creation of opportunities to move 

fundamental science and engineering 

out of the lab and into the market at 

scale, through startups and small 

businesses representing deep 

technology ventures. 

The NSF SBIR/STTR programs have 

two phases: Phase I and Phase II. Phase 

I is a 6–12 month experimental or 

theoretical investigation that allows the 

awardees to determine the scientific and 

technical feasibility, as well as the 

commercial merit of the idea or concept. 

Phase II further develops the proposed 

concept, with a goal of working toward 

the commercial launch of the new 

product, process, or service being 

developed. 

The NSF SBIR/STTR programs 

request the Office of Management and 

Budget (OMB) approval of this clearance 

that will allow the programs to collect 

information from a selected group of 

applicants—those that have been 

reviewed by independent experts and 

that NSF Program Directors are 

considering recommending for 

funding—for the purpose of making a 

funding decision. This information 

includes, but is not exclusive to, a list 

of company officers and the 

corresponding ownership status of each 

company officer within the startup, 

whether the startup is associated or 

affiliated with other companies, 

whether there exist any relationships 

(personal, financial, and/or 

professional) between project personnel, 

and the locations of all the facilities 

where significant research will be 

performed for the proposed project. 

Such data will enable the NSF Program 

Directors to evaluate a given company’s 

business structure, ascertain the level of 

commitment of the Principal 

Investigator (PI) and co-PIs to the 

startup venture, and identify conflicts of 

interests (if any), as part of the due 

diligence process that the programs 

undertake to verify there are no 

fraudulent or inappropriate business 

practices prior to recommending the 

small business for an award. 

Following standard OMB 

requirements, NSF will request OMB 

approval in advance and provide OMB 

with a copy of the form containing these 

questions. Data collected will be used 

strictly for due-diligence, auditing, and/ 

or legal purposes, and are needed for 

effective pre-award management, 

administration, and/or program 

monitoring. The applicants, if being 

considered for award, will only be asked 

to submit a signed form containing their 

responses to the questions once for each 

NSF SBIR/STTR proposal (Phase I and 

II, if applicable). The data collection 

burden to the selected applicants will be 

limited to no more than 10 minutes of 

the respondents’ time in each instance. 

Summaries of the collected data are also 

being used to respond to queries from 

Congress, the Small Business 

Administration, the public, NSF’s 

external merit reviewers who serve as 

advisors, including Committees of 

Visitors, NSF’s Office of the Inspector 

General, and other pertinent 

stakeholders 

Respondents: PIs listed on the NSF 

SBIR/STTR proposals. 

Estimated Number of Annual 

Respondents: 750. 

Burden on the Public: The overall 

annualized cost to the respondents is 

estimated to be $5,500. The following 

table shows the annualized estimate of 

costs to PIs who are generally university 

assistant professors. This estimated 

hourly rate is based on a report from the 

American Association of University 

Professors, ‘‘Annual Report on the 

Economic Status of the Profession, 

2020–21,’’ Academe, March–April 2021, 

Survey Report Table 1. According to 

this report, the average salary of an 

assistant professor across all types of 

doctoral-granting institutions was 

$91,408. When divided by the number 

of standard annual work hours (2,080), 

this calculates to approximately $44 per 

hour. 

Respondent type Number of 

respondents 

Burden 

hours 

per 

respondent 

Average 

hourly rate 

Estimated 

annual cost 

PIs .................................................................................................................... 750 0.167 $44 $5,500 

Total .......................................................................................................... ........................ ........................ ........................ 5,500 

Dated: June 23, 2022. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2022–13728 Filed 6–27–22; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–0320; NRC–2022–0131] 

TMI–2 Solutions, LLC; Three Mile 

Island Station, Unit No. 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity to comment, request a 

hearing, and to petition for leave to 

intervene; order imposing procedures. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an amendment to Possession 

Only License (POL) No. DPR–73, issued 

to TMI–2 Solutions, LLC (TMI–2 

Solutions) for Three Mile Island Station, 

Unit No. 2 (TMI–2). The NRC received 

and is considering approval of one 

amendment request. Pursuant to NRC 

regulations, TMI–2 Solutions proposes 

an amendment to the POL for TMI–2. 

This proposed license amendment 

request, upon approval, would revise 

the POL to replace the reference to site 

physical security, guard training and 

qualification, and safeguards 

contingency plans maintained by Unit 1 


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38430 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 

with a TMI–2 Site Security plan 

compliant with NRC regulations. For 

this 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: Submit comments by July 28, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. Requests 

for a hearing or petition for leave to 

intervene must be filed by August 29, 

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 July 8, 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–2022–0131. 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: 

Amy Snyder, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301 415– 

6822, email: Amy.Snyder@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2022– 

0131, 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–2022–0131. 

• 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. 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: 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–2022–0131, facility 

name, unit number(s), docket 

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. Introduction 

The NRC is considering issuance of an 

amendment to POL No. DPR–73, issued 

to TMI–2 Solutions for TMI–2 located in 

Dauphin County, Pennsylvania. 

By letter dated May 13, 2021, as 

supplemented on September 21, 2021, 

and on March 31, April 28, May 3 (nonpublic), May 9 (non-public), and May 

10, 2022, TMI–2 Solutions submitted a 

license application request seeking NRC 

review and approval of modification to 

License Condition 2.C.(2) for the TMI– 

2 license in support of the TMI-Station 

Independent Spent Fuel Installation 

Only Physical Security Plan. In the 

March 31 supplement, TMI–2 Solutions 

stated that TMI–2 Solutions will 

develop a Security Plan document (its 

own plan), instead of the site physical 

security, guard training and 

qualification, and safeguards 

contingency plans maintained by Unit 

1. 

Before issuance of the proposed 

license 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. 

The NRC has made a proposed 

determination that the license 

amendment request involves NSHC. 

Under the NRC’s regulations in 10 CFR 

50.92 ‘‘Issuance of amendment,’’ 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. As required by 10 CFR 

50.91(a), the licensee provided an 

analysis of the issue of NSHC. The staff 

reviewed this analysis and provided its 

preliminary evaluation of it below: 

1. Does the proposed amendment 

involve a significant increase in the 

probability or consequences of an 

accident previously evaluated? 

Response: No. 

The proposed change would revise 

the TMI–2 POL by revising TMI–2 

License Condition 2.C.(2), Physical 

Protection, to refer to a security plan 

specific to TMI–2 that is compliant with 

10 CFR part 37 ‘‘Physical protection of 

category 1 and category 2 quantities of 

radioactive material’’ to implement the 

requirements for 10 CFR 73.67 and part 

37 material. During post-defueling 

monitored storage (PDMS), the activities 


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occurring at the site and the form of the 

radiological material present have low 

safety and security risk profiles, and as 

such, a significant increase in the 

probability or consequences of an 

accident previously evaluated would 

not be created by the proposed 

amendment. 

TMI–2 plans to transition from PDMS 

into DECON following the current 

planning phase and provided this 

amendment request is approved, and 

during this phase risks would be further 

reduced. DECON is one of three 

decommissioning methods defined by 

NRC. Once TMI–2 has entered DECON, 

special nuclear material (SNM) will be 

retrieved and aggregated to be placed 

into dry cask storage using various 

shapes and sizes of containers to place 

into a basket and canister. To minimize 

aggregating the remaining SNM, the core 

debris will be generally packaged and 

loaded as it is retrieved. These canisters 

will then be transferred to an expanded 

Independent Spent Fuel Storage 

Installation (ISFSI) inside the Three 

Mile Island Station, Unit No. 1, ISFSI 

fence to store the canisters after Three 

Mile Island, Unit 1 (TMI–1) completes 

their spent fuel transfer campaign to the 

ISFSI. On-site transfers will utilize 

storage systems fundamentally similar 

to those in use by TMI–1 for Spent Fuel 

(NAC MAGNASTOR). These storage 

system designs will have been certified 

by the NRC for such use because they 

satisfy applicable requirements for 

safety and security. Using these certified 

storage systems will assure there are no 

increases in accident probability or 

consequences involved with the 

proposed amendment. 

2. Does the proposed amendment create 

the possibility of a new or different kind 

of accident from any accident 

previously evaluated? 

Response: No. 

The proposed change would revise 

the TMI–2 POL by revising TMI–2 

License Condition 2.C.(2), Physical 

Protection, and would not create the 

possibility of a new or different kind of 

accident from that previously evaluated. 

When TMI–2 is in the PDMS condition 

no major decommissioning activities 

will occur, and there will no longer be 

any equipment or facilities that need to 

be protected because there are no 

designated Target Sets for TMI–2. Based 

on the above, the NRC preliminarily 

concludes that during PDMS the 

proposed amendment would not create 

the possibility of a new or different kind 

of accident from any accident 

previously evaluated. 

TMI–2 plans to transition from PDMS 

into DECON following the current 

planning phase and provided this 

amendment request is approved. Once 

TMI–2 has entered DECON, SNM will 

be retrieved and aggregated to be placed 

into dry cask storage using various 

shapes and sizes of containers to place 

into a basket and canister. To minimize 

aggregating the remaining SNM, the core 

debris will be generally packaged and 

loaded as it is retrieved. These canisters 

will then be transferred to an expanded 

ISFSI inside the TMI–1 ISFSI fence to 

store the canisters after TMI–1 

completes their spent fuel transfer 

campaign to the ISFSI. On-site transfers 

will utilize storage systems 

fundamentally similar to those in use by 

TMI–1 for Spent Fuel (NAC 

MAGNASTOR). These storage system 

designs will have been certified by the 

NRC for such use because they satisfy 

applicable requirements for safety and 

security. This certification assures that 

no new or different kind of accidents 

from any accident previously evaluated 

will be created as a consequence of the 

proposed amendment. 

3. Does the proposed amendment 

involve a significant reduction in a 

margin of safety? 

Response: No. 

The proposed change would revise 

the TMI–2 POL by revising TMI–2 

License Condition 2.C.(2), Physical 

Protection. This change would not 

involve a significant reduction in a 

margin of safety for the following 

reasons. While TMI–2 is in the PDMS, 

no major decommissioning activities 

will occur. As stated by NRC in a 

previous letter dated April 2, 2013, for 

an exemption from certain security 

requirements of 10 CFR part 73.55, the 

NRC determined that the remaining 

radioactive material is in a form that 

does not pose a risk of removal and is 

well dispersed and is not easily 

aggregated; the potential for radiological 

sabotage or diversion of SNM at the 10 

CFR part 50 licensed site was 

eliminated; there is no longer any 

equipment or facilities that need to be 

protected; and there are no designated 

Target Sets for TMI Unit 2. Thus, during 

PDMS, as the potential for radiological 

sabotage has been eliminated, the 

requested amendment would not result 

in a reduction in the margin of safety. 

During DECON, to minimize 

aggregating the remaining SNM, the core 

debris will be generally packaged and 

loaded as it is retrieved. SNM will not 

be aggregated any more than is 

necessary to load a canister. These 

canisters will then be transferred to an 

expanded ISFSI inside the TMI–1 ISFSI 

fence to store the canisters after TMI–1 

completes their spent fuel transfer 

campaign to the ISFSI. This campaign is 

scheduled to be completed in the 

Summer of 2022. Also, on-site transfers 

will use storage systems fundamentally 

similar to those in use by TMI–1 for 

Spent Fuel (NAC MAGNASTOR). These 

storage system designs will have been 

certified by the NRC for such use 

because they satisfy applicable 

requirements for safety and security. 

This certification assures that a 

significant reduction in a margin of 

safety would not be involved as a 

consequence of the proposed 

amendment. 

Based on the staff’s review, it appears 

that the three standards of 10 CFR 

50.92(c) are satisfied. Therefore, the 

NRC staff proposes to determine that the 

license amendment request involves 

NSHC. 

The NRC is seeking public comments 

on this proposed determination that the 

license amendment request involves 

NSHC. 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 notice period if the Commission 

concludes the amendment involves 

NSHC. 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 in 

the Federal Register a notice of 

issuance. If the Commission makes a 

final NSHC determination, any hearing 

will take place after issuance. The 

Commission expects that the need to 

take this action will occur very 

infrequently. 

III. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any persons 

(petitioner) whose interest may be 

affected by any of these actions 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 


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are accessible electronically from the 

NRC Library on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/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 should 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 to be 

made a party to the proceeding; (3) the 

nature and extent of the petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be 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. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one that, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. 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 

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 

should state the nature and extent of the 

petitioner’s interest in the proceeding. 

The petition should 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 should 

meet the requirements for petitions set 

forth in this section, except that under 

10 CFR 2.309(h)(2) a State, local 

governmental body, or Federally 

recognized Indian Tribe, or agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. Alternatively, a State, 

local governmental body, Federally 

recognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

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. 

IV. Electronic Submissions and 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 


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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 9:00 a.m. and 6:00 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 dockets where 

you will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information such as social 

security numbers, home addresses, or 

personal phone numbers in their filings 

unless an NRC regulation or other law 

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. 

V. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through ADAMS. 

Document ADAMS accession No. 

Three Mile Island, Unit 2 License Amendment Request—Delete License Condition 2.C.(2) Physical Protection, dated May 13, 2021.ML21144A262 (non-public, withheld pursuant to 10 CFR 

2.390). 

Three Mile Island, Unit 2—License Amendment Request—Revised License Condition 2.C.(2) Physical Protection—Supplemental Information, dated September 

21, 2021.

ML21267A505. 

Three Mile Island Unit 2—Physical Security Plan Response to March18 Supplemental Information Request, dated March 31, 2022.ML22102A304 (Package). 

Three Mile Island 2—Security Plan Proposed Revision License Condition 2.C.(2) 

(EPID: L-2021–LLA–0103) Proposed License Condition—partial response, 

dated April 28, 2022.

ML22125A013. 

Three Mile Island Nuclear Station, Unit 2 (TMl-2)—Supplemental Letter to Three 

Mile Island Nuclear Station, Unit 2 (TMl-2)—License Amendment Request—Delete License Condition 2.C.(2) Physical Protection, dated May 9, 2022.

ML22138A281 (non-public, withheld pursuant to 10 CFR 

2.390). 

Three Mile Island, Unit 2—E-mail from T. Devik, EnergySolutions TMI–2, to A. 

Snyder, NRC, Physical Security Plan May 9 Submittal Typo Correction, dated 

May 10, 2022.

ML22131A138. 

NRC Letter from L. Camper (NRC) to J. Lash (FirstEnergy Corporation), ‘‘Three 

Mile Island Nuclear Power Station Unit 2—Issuance of Exemption from Certain 

Security Requirements of 10 CFR part 73.55 (TAC NO. J00391),’’ dated April 

2, 2013.

ML112351129. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing SUNSI. 

B. Within 10 days after publication of 

this notice of hearing or opportunity for 

hearing, 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, 


khammond on DSKJM1Z7X2PROD with NOTICES
38434 Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

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

the initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

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

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 3Requestors should note that the filing 

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

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

46562; August 3, 2012, 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 request submitted to the NRC staff 

under these procedures. 

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); 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 hearing or opportunity for 

hearing), the petitioner may file its 

SUNSI contentions by that later 

deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing and requisite 

need, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requestor may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

the presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if 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. 

(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 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 2.311.3

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: June 23, 2022. 

For the Nuclear Regulatory Commission. 

Rochelle C. Bavol, 

Acting Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

0 ........................ Publication of Federal Register notice of hearing 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) 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). 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 123 / Tuesday, June 28, 2022 / Notices 38435 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/activity 

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 hearing or notice of opportunity for hearing), 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. 2022–13738 Filed 6–27–22; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–95139; File No. SR–ICC– 

2022–007] 

Self-Regulatory Organizations; ICE 

Clear Credit LLC; Notice of Filing of 

Proposed Rule Change Relating to the 

Clearance of Additional Credit Default 

Swap Contracts 

June 22, 2022. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934,1 and 

Rule 19b–4,2 notice is hereby given that 

on June 16, 2022, ICE Clear Credit LLC 

(‘‘ICC’’) filed with the Securities and 

Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared primarily by ICC. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Clearing Agency’s Statement of the 

Terms of Substance of the Proposed 

Rule Change 

The principal purpose of the 

proposed rule change is to revise the 

ICC Rulebook (the ‘‘Rules’’) to provide 

for the clearance of additional Standard 

Emerging Market Sovereign CDS 

contracts (collectively, the ‘‘EM 

Contracts’’). 

II. Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

In its filing with the Commission, ICC 

included statements concerning the 

purpose of and basis for the proposed 

rule change, security-based swap 

submission, or advance notice and 

discussed any comments it received on 

the proposed rule change, securitybased swap submission, or advance 

notice. The text of these statements may 

be examined at the places specified in 

Item IV below. ICC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of these statements. 

(A) Clearing Agency’s Statement of the 

Purpose of, and Statutory Basis for, the 

Proposed Rule Change 

(a) Purpose 

The purpose of the proposed rule 

change is to adopt rules that will 

provide the basis for ICC to clear 

additional credit default swap contracts. 

ICC proposes to make such change 

effective following Commission 

approval of the proposed rule change. 

ICC believes the addition of these 

contracts will benefit the market for 

credit default swaps by providing 

market participants the benefits of 

clearing, including reduction in 

counterparty risk and safeguarding of 

margin assets pursuant to clearing house 

rules. Clearing of the additional EM 

Contracts will not require any changes 

to ICC’s Risk Management Framework 

or other policies and procedures 

constituting rules within the meaning of 

the Securities Exchange Act of 1934 

(‘‘Act’’). 

ICC proposes amending Subchapter 

26D of its Rules to provide for the 

clearance of additional EM Contracts, 

specifically the Arab Republic of Egypt, 

Kingdom of Bahrain, and Sultanate of 

Oman. These additional EM Contracts 

have terms consistent with the other EM 

Contracts approved for clearing at ICC 

and governed by Subchapter 26D of the 

Rules. Minor revisions to Subchapter 

26D (Standard Emerging Market 

Sovereign (‘‘SES’’) Single Name) are 

made to provide for clearing the 

additional EM Contracts. Specifically, in 

Rule 26D–102 (Definitions), ‘‘Eligible 

SES Reference Entities’’ is modified to 

include Arab Republic of Egypt, 

Kingdom of Bahrain, and Sultanate of 

Oman in the list of specific Eligible SES 

Reference Entities to be cleared by ICC. 


khammond on DSKJM1Z7X2PROD with NOTICES