Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3497 

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 

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

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

[FR Doc. 2010–1080 Filed 1–20–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–247 and 50–286; NRC– 

2010–0006] 

Entergy Nuclear Operations, Inc., 

Entergy Nuclear Indian Point 2, LLC, 

Entergy Nuclear Indian Point 3, LLC,: 

Indian Point Nuclear Generating Unit 

Nos. 2 and 3; Notice of Consideration 

of Issuance of Amendment to Facility 

Operating License and Opportunity To 

Request a Hearing, and Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of amendment and 

opportunity to request a hearing and to 

petition for leave to intervene. 

DATES: Request for a hearing and/or 

petition for leave to intervene must be 

filed within 60 days after the date of 

publication of this notice in the Federal 

Register. Any potential party as defined 

in 10 CFR 2.4 who believes access to 

Sensitive Unclassified Non-Safeguards 

Information and/or Safeguards 

Information is necessary to respond to 

this notice must request document 

access within 10 days after the date of 

publication of this notice in the Federal 

Register. 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for 

amendment to Facility Operating 

License Nos. DPR–26 and DPR–64, 

issued to Entergy Nuclear Operations, 

Inc. (Entergy) and Entergy Nuclear 

Indian Point 2, LLC, for operation of the 

Indian Point Nuclear Generating Unit 

No. 2 (IP2) and to Entergy and Entergy 

Nuclear Indian Point 3, LLC, for 

operation of the Indian Point Nuclear 

Generating Unit No. 3 (IP3), both 

located in Westchester County, New 

York. 

The proposed amendment would 

revise the IP2 and IP3 operating licenses 

to permit the transfer of spent fuel from 

IP3 to IP2, using a newly-designed 

transfer cask, with plans for further 

transfer to the onsite independent spent 

fuel storage installation, on an asneeded basis as determined by Entergy’s 

fuel management needs. The July 8, 

2009, application (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML091940177 and ML091940178), as 

supplemented by letters dated 

September 28 and October 26, 2009 

(ADAMS Accession Nos. ML092950437 

and ML093020080) contains proprietary 

information, which the Commission 

classifies as sensitive unclassified nonsafeguards information (SUNSI). Before 

issuance of the proposed license 

amendment, the Commission will have 

made findings required by the Atomic 

Energy Act of 1954, as amended (the 

Act), and the Commission’s regulations. 

These findings will be documented in a 

Safety Evaluation Report and an 

Environmental Assessment and/or an 

Environmental Impact Statement. 

II. Opportunity To Request a Hearing 

Within 60 days after the date of 

publication of this notice in the Federal 

Register, any person(s) whose interest 

may be affected by this action and who 

desires to participate as a party to this 

action, may file a request for a hearing 

and a petition to intervene with respect 

to whether the amendment to the 

subject facility operating licenses 

should be issued. Requests for a hearing 

and petitions for leave to intervene shall 

be filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings’’ in 10 

CFR Part 2. Interested person(s) should 

consult a current copy of 10 CFR 2.309, 

‘‘Hearing Requests, Petitions to 

Intervene, Requirements for Standing, 

and Contentions,’’ which is available at 

the Commission’s Public Document 

Room (PDR), located at One White Flint 

North, Room O1–F21, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

Publicly available records will be 

accessible from the Agencywide 

Documents Access and Management 

System’s (ADAMS) Public Electronic 

Reading Room on the Internet at the 

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

reading-rm/doc-collections/cfr/. If a 

request for a hearing or petition for 

leave to intervene is filed by the above 

date, the Commission or a presiding 

officer designated by the Commission or 

by the Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

III. Petitions for Leave To Intervene 

As required by 10 CFR 2.309, a 

petition for leave to intervene or request 

for hearing shall set forth with 

particularity the interest of the 

petitioner/requester in the proceeding, 

and how that interest may be affected by 

the results of the proceeding. The 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements: (1) 

The name, address and telephone 

number of the requester or petitioner; 

(2) the nature of the requester’s/ 

petitioner’s right under the Act to be 

made a party to the proceeding; (3) the 

nature and extent of the requester’s/ 

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 requester’s/petitioner’s interest. 

The petition must also identify the 

specific contentions which the 

petitioner/requester 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, as well as a 

brief explanation of the basis for the 

contention. The petitioner must 

demonstrate that the issue raised by 

each contention is within the scope of 

the proceeding and is material to the 

findings that the NRC must make to 

support the granting of the license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinion which 

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 those specific sources and documents 

of which the petitioner is aware and on 

which the petitioner intends to rely. 


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3498 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

Finally, the petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment 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 shall be limited to 

matters within the scope of the license 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the petitioner/ 

requester to relief. A petitioner/ 

requester who fails to satisfy these 

requirements 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, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit proposed Board 

questions or a cross-examination plan 

for cross-examination of witnesses, 

consistent with NRC regulations, 

policies, and procedures. The Licensing 

Board, if one is appointed, will set the 

time and place for any prehearing 

conferences and evidentiary hearings. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a Presiding Officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based on a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission within 60 

days after the date of publication of this 

notice in the Federal Register. The 

petition must be filed in accordance 

with the filing instructions in section IV 

of this document, and should meet the 

requirements for petitions for leave to 

intervene set forth in this section, 

except that States and Federallyrecognized Indian tribes do not need to 

address the standing requirements in 10 

CFR 2.309(d)(1) if the facility is located 

within their boundaries. The entities 

listed above could also seek to 

participate in a hearing as a nonparty 

participant pursuant to 10 CFR 2.315(c). 

IV. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (301) 415–1677, to request (1) a 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

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

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

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

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through EIE, users will be 

required to install a Web browser plugin from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

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

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

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

complete at the time the documents are 

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. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

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

Meta System Help Desk is available 

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

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 


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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. 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

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

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

V. Hybrid Hearing Procedures 

The Commission hereby provides 

notice that this is a proceeding on an 

application for a license amendment 

falling within the scope of section 134 

of the Nuclear Waste Policy Act of 1982 

(NWPA), 42 U.S.C. 10154. Under 

section 134 of the NWPA, the 

Commission, at the request of any party 

to the proceeding, must use hybrid 

hearing procedures with respect to ‘‘any 

matter which the Commission 

determines to be in controversy among 

the parties.’’ 

The hybrid procedures in section 134 

provide for oral argument on matters in 

controversy, preceded by discovery 

under the Commission’s rules and the 

designation, following argument of only 

those factual issues that involve a 

genuine and substantial dispute, 

together with any remaining questions 

of law, to be resolved in an adjudicatory 

hearing. Actual adjudicatory hearings 

are to be held on only those issues 

found to meet the criteria of section 134 

and set for hearing after oral argument. 

The Commission’s rules 

implementing section 134 of the NWPA 

are found in 10 CFR Part 2, Subpart K, 

‘‘Hybrid Hearing Procedures for 

Expansion of Spent Fuel Storage 

Capacity at Civilian Nuclear Power 

Reactors.’’ Under those rules, any party 

to the proceeding may invoke the hybrid 

hearing procedures by filing with the 

presiding officer a written request for 

oral argument under 10 CFR 2.1109. To 

be timely, the request must be filed 

together with a request for hearing/ 

petition to intervene, filed in 

accordance with 10 CFR 2.309. If it is 

determined a hearing will be held, the 

presiding officer must grant a timely 

request for oral argument. The presiding 

officer may grant an untimely request 

for oral argument only upon a showing 

of good cause by the requesting party for 

the failure to file on time and after 

providing the other parties an 

opportunity to respond to the untimely 

request. If the presiding officer grants a 

request for oral argument, any hearing 

held on the application must be 

conducted in accordance with the 

hybrid hearing procedures. In essence, 

those procedures limit the time 

available for discovery and require that 

an oral argument be held to determine 

whether any contentions must be 

resolved in an adjudicatory hearing. If 

no party to the proceeding timely 

requests oral argument, and if all 

untimely requests for oral argument are 

denied, then the usual procedures in 10 

CFR Part 2, Subpart L apply. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated July 8, 

2009, (ADAMS Accession Nos. 

ML091940177 and ML091940178), as 

supplemented by letters dated 

September 28 and October 26, 2009 

(ADAMS Accession Nos. ML092950437 

and ML093020080) which are available 

for public inspection at the 

Commission’s PDR, located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the ADAMS Public Electronic 

Reading Room on the Internet at the 

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

reading-rm/adams.html. Persons who 

do not have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR Reference staff by 

telephone at 1–800–397–4209, or 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Attorney for the licensee: William C. 

Dennis, Assistant General Counsel, 

Entergy Nuclear Operations, Inc., 440 

Hamilton Avenue, White Plains, NY 

10601. 

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 Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request such access. 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 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 requester 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 Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is: 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 


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3500 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

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. 

3Requesters should note that the filing 

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

49139; August 28, 2007) 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. 

(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) The identity of the individual or 

entity requesting access to SUNSI and 

the requester’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.(3) 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) 

above, 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 the requestor is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted 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 either after 

a determination on standing and need 

for access, 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) The requester 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 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. 

H. Review of Grants of Access. A 

party other than the requester may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access. 

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. 

Attachment 1 to this Order summarizes 

the general target schedule for 

processing and resolving requests under 

these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 14th day 

of January, 2010. 

For the Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

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

UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

0 ............... Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ............. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) 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; (ii) all contentions whose formulation does 

not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ............. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows 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/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the 

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

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


jlentini on DSKJ8SOYB1PROD with NOTICES
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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 

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

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

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

for SUNSI. 

A .............. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse 

determination by the NRC staff. 

A + 3 ........ Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI 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 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. 2010–1077 Filed 1–20–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards 

In accordance with the purposes of 

Sections 29 and 182b of the Atomic 

Energy Act (42 U.S.C. 2039, 2232b), the 

Advisory Committee on Reactor 

Safeguards (ACRS) will hold a meeting 

on February 4–6, 2010, 11545 Rockville 

Pike, Rockville, Maryland. The date of 

this meeting was previously published 

in the Federal Register on Monday, 

October 14, 2009 (74 FR 52829–52830). 

Thursday, February 4, 2010, 

Conference Room T2–B1, Two White 

Flint North, Rockville, Maryland 

8:30 a.m.–8:35 a.m.: Opening 

Remarks by the ACRS Chairman 

(Open)—The ACRS Chairman will make 

opening remarks regarding the conduct 

of the meeting. 

8:35 a.m.–10 a.m.: Draft Final 

Revision 1 to Regulatory Guide (RG) 

1.141, ‘‘Containment Isolation 

Provisions for Fluid Systems’’ (Open)— 

The Committee will hear presentations 

by and hold discussions with 

representatives of the NRC staff 

regarding draft final Revision 1 to RG 

1.141, ‘‘Containment Isolation 

Provisions for Fluid Systems,’’ NRC 

staff’s resolution of public comments, 

and related matters. 

10:15 a.m.–12:15 p.m.: Draft Final 

Regulatory Guide 1.217, ‘‘Guidance for 

the Assessment of Beyond-Design-Basis 

Aircraft Impacts’’ (Open/Closed)—The 

Committee will hear presentations by 

and hold discussions with 

representatives of the NRC staff 

regarding draft final RG 1.217, 

‘‘Guidance for the Assessment of 

Beyond-Design-Basis Aircraft Impacts,’’ 

NRC staff’s resolution of stakeholder 

comments, and related matters. [Note: A 

portion of this session may be closed to 

protect unclassified safeguards 

information pursuant to 5 U.S.C. 

552b(c)(3).] 

1:15 p.m.–2:45 p.m.: Draft Final 

Revision 1 to Regulatory Guide 1.62, 

‘‘Manual Initiation of Protective 

Actions’’ (Open)—The Committee will 

hear presentations by and hold 

discussions with representatives of the 

NRC staff regarding draft final Revision 

1 to RG 1.62, ‘‘Manual Initiation of 

Protective Actions,’’ NRC staff’s 

resolution of public comments, and 

related matters. 

3 p.m.–4:30 p.m.: Proposed Revisions 

to NUREG–1520, ‘‘Standard Review Plan 

for Review of a License Application for 

a Fuel Cycle Facility’’ (Open)—The 

Committee will hear presentations by 

and hold discussions with 

representatives of the NRC staff 

regarding proposed revisions to NUREG 

1520, ‘‘Standard Review Plan for Review 

of a License Application for a Fuel 

Cycle Facility,’’ and related matters. 

4:45 p.m.–7 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will discuss proposed ACRS 

reports on matters discussed during this 

meeting. [Note: A portion of this session 

may be closed to protect unclassified 

safeguards information pursuant to 5 

U.S.C. 552b(c)(3).] 

Friday, February 5, 2010, Conference 

Room T2–B1, Two White Flint North, 

Rockville, Maryland 

8:30 a.m.–8:35 a.m.: Opening 

Remarks by the ACRS Chairman 

(Open)—The ACRS Chairman will make 

opening remarks regarding the conduct 

of the meeting. 

8:35 a.m.–10 a.m.: Status of 

Rulemaking for Disposal of Depleted 

Uranium and Other Unique Waste 

Streams (Open)—The Committee will 

hear presentations by and hold 

discussions with representatives of the 

NRC staff regarding the status of 

rulemaking efforts addressing disposal 

of depleted uranium and other unique 

waste streams, and related matters. 

10:15 a.m.–11:45 a.m.: Future ACRS 

Activities/Report of the Planning and 

Procedures Subcommittee (Open/ 

Closed)—The Committee will discuss 

the recommendations of the Planning 

and Procedures Subcommittee regarding 

items proposed for consideration by the 

Full Committee during future ACRS 

meetings, including anticipated 

workload and member assignments, and 

related matters. [Note: A portion of this 

session may be closed pursuant to 5 

U.S.C. 552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to internal personnel 

rules and practices of ACRS, and 

information the release of which would 

constitute a clearly unwarranted 

invasion of personal privacy.] 

11:45 a.m.–12 p.m.: Reconciliation of 

ACRS Comments and 

Recommendations (Open)—The 

Committee will discuss the responses 

from the NRC Executive Director for 

Operations to comments and 

recommendations included in recent 

ACRS reports and letters. 

1 p.m.–3 p.m.: Draft ACRS Report on 

the NRC Safety Research Program 

(Open)—The Committee will discuss 

the draft ACRS report on the NRC Safety 

Research Program. 

3:15 p.m.–7 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will discuss the proposed 

ACRS reports on matters discussed 

during this meeting. [Note: A portion of 

this session may be closed to protect 


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