Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3493 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation announces the following 

meeting. 

Name: University of Nebraska Site Visit in 

Physics (1208). 

Date and Time: Monday, February 1, 2010; 

8 a.m.–6 p.m.; Tuesday, February 2, 2010: 8 

a.m.–3 p.m. 

Place: University of Nebraska, Lincoln, 

Nebraska. 

Type of Meeting: Partially Closed. 

Contact Person: Dr. James Reidy, Program 

Director for Elementary Particle Physics, 

National Science Foundation, 4201 Wilson 

Blvd., Arlington, VA 22230. Telephone: (703) 

292–7392. 

Purpose of Meeting: To provide an 

evaluation concerning the proposal 

submitted to the National Science 

Foundation. 

Agenda 

Monday. February 1, 2010 

Closed 8–9 

Executive Session. 

Open 9–3 

Open Discussions and/or presentations. 

Closed 3–3:30 

Executive Session. 

Open 3:30–6 

Open Discussions and/or presentations. 

Tuesday, February 2, 2010 

Closed 8–9 

Executive Session. 

Open 9–11:30 

Open Discussions and/or presentations. 

Closed 11:30–3:30 

Executive Session & Close out with Lab 

Leaders. 

Reason For Closing: The proposal contains 

proprietary or confidential material including 

technical information; financial data, such as 

salaries; and personal information 

concerning individuals associated with the 

proposals. These matters are exempt under 5 

U.S.C. 552b (c) and (6) of the Government in 

the Sunshine Act. 

Dated: January 14, 2010. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. 2010–967 Filed 1–20–10; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–275 and 50–323; NRC– 

2009–0552] 

Notice of Acceptance for Docketing of 

the Application, Notice of Opportunity 

for Hearing for Facility Operating 

License Nos. DPR–80 and DPR–82 for 

an Additional 20-Year Period; Pacific 

Gas & Electric Company, Diablo 

Canyon Nuclear Power Plant, Units 1 

and 2; and Order Imposing Procedures 

for Access to Sensitive Unclassified 

Non-Safeguards Information (SUNSI) 

for Contention Preparation 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering an 

application for the renewal of operating 

licenses DPR–80 and DPR–82, which 

authorize Pacific Gas & Electric 

Company (PG&E) to operate the Diablo 

Canyon Nuclear Power Plant (DCPP), 

Units 1 and 2, at 3411 megawatts 

thermal, each. The renewed licenses 

would authorize the applicant to 

operate DCPP, Units 1 and 2, for an 

additional 20 years beyond the period 

specified in the current licenses. DCPP, 

Units 1 and 2, are located near San Luis 

Obispo, California. The current 

operating licenses expire on November 

2, 2024, and August 26, 2025, 

respectively. 

PG&E submitted the application dated 

November 23, 2009, pursuant to Title 10 

of the Code of Federal Regulations, Part 

54 (10 CFR part 54) to renew operating 

licenses DPR–80 and DPR–82. A notice 

of receipt and availability of the license 

renewal application (LRA) was 

published in the Federal Register on 

December 11, 2009 (74 FR 65811). 

The Commission has determined that 

PG&E has submitted sufficient 

information in accordance with 10 CFR 

Sections 2.101, 54.19, 54.21, 54.22, 

54.23, 51.45, and 51.53(c), to enable the 

staff to undertake a review of the 

application, and the application is 

therefore acceptable for docketing. The 

Commission will retain the current 

Docket Nos. 50–275 and 50–323 for 

operating license Nos. DPR–80 and 

DPR–82. The determination to accept 

the LRA for docketing does not 

constitute a determination that the 

renewed licenses should be issued, and 

does not preclude the NRC staff from 

requesting additional information as the 

review proceeds. 

Before issuance of the requested 

renewed licenses, the NRC will have 

made the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. In accordance with 10 

CFR 54.29, the NRC may issue a 

renewed license on the basis of its 

review if it finds that actions have been 

identified and have been or will be 

taken with respect to: (1) Managing the 

effects of aging during the period of 

extended operation on the functionality 

of structures and components that have 

been identified as requiring aging 

management review, and (2) timelimited aging analyses that have been 

identified as requiring review, such that 

there is reasonable assurance that the 

activities authorized by the renewed 

license will continue to be conducted in 

accordance with the current licensing 

basis (CLB) and that any changes made 

to the plant’s CLB will comply with the 

Act and the Commission’s regulations. 

Additionally, in accordance with 10 

CFR 51.95(c), the NRC will prepare an 

environmental impact statement that is 

a supplement to the Commission’s 

NUREG–1437, ‘‘Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Power Plants,’’ dated May 

1996. In considering the LRA, the 

Commission must find that the 

applicable requirements of subpart A of 

10 CFR part 51 have been satisfied, and 

that matters raised under 10 CFR 2.335 

have been addressed. Pursuant to 10 

CFR 51.26, and as part of the 

environmental scoping process, the staff 

intends to hold public scoping 

meetings. Detailed information 

regarding the environmental scoping 

meetings will be the subject of a 

separate Federal Register notice. 

Within 60 days after the date of 

publication of this Federal Register 

notice, any person whose interest may 

be affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written request 

for a hearing and a petition for leave to 

intervene with respect to the renewal of 

the licenses. Requests for a hearing or 

petitions for leave to intervene must be 

filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings and 

Issuance of Orders’’ in 10 CFR part 2. 

Interested persons should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852 

and is accessible from the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm/ 

adams.html. Persons who do not have 

access to the Internet or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209, or 301–415–4737, 


jlentini on DSKJ8SOYB1PROD with NOTICES
3494 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

or by e-mail at PDR.Resource@nrc.gov. If 

a request for a hearing/petition for leave 

to intervene is filed within the 60-day 

period, 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 Panel will 

issue a notice of a hearing or an 

appropriate order. In the event that no 

request for a hearing or petition for 

leave to intervene is filed within the 60- 

day period, the NRC may, upon 

completion of its evaluations and upon 

making the findings required under 10 

CFR parts 51 and 54, renew the licenses 

without further notice. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding, taking into 

consideration the limited scope of 

matters that may be considered 

pursuant to 10 CFR parts 51 and 54. The 

petition must specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following factors: (1) The nature of 

the requestor’s/petitioner’s right under 

the Act to be made a party to the 

proceeding; (2) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions which the requestor/ 

petitioner seeks to have litigated at 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 requestor/petitioner shall 

provide a brief explanation of the bases 

of each contention and a concise 

statement of the alleged facts or the 

expert opinion that supports the 

contention on which the requestor/ 

petitioner intends to rely in proving the 

contention at the hearing. The 

requestor/petitioner must also provide 

references to those specific sources and 

documents of which the requestor/ 

petitioner is aware and on which the 

requestor/petitioner intends to rely to 

establish those facts or expert opinion. 

The requestor/petitioner must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the action 

under consideration. The contention 

must be one that, if proven, would 

entitle the requestor/petitioner to relief. 

A requestor/petitioner who fails to 

satisfy these requirements with respect 

to at least one contention will not be 

permitted to participate as a party. 

The Commission requests that each 

contention be given a separate numeric 

or alpha designation within one of the 

following groups: (1) Technical 

(primarily related to safety concerns); 

(2) environmental; or (3) miscellaneous. 

As specified in 10 CFR 2.309, if two 

or more requestors/petitioners seek to 

co-sponsor a contention or propose 

substantially the same contention, the 

requestors/petitioners must jointly 

designate a representative who shall 

have the authority to act for the 

requestors/petitioners with respect to 

that contention. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3495 

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. 

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 

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 firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 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. 

Petitions for leave to intervene must 

be filed no later than 60 days from the 

date of publication of this Federal 

Register notice. Non-timely filings will 

not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Detailed information about the license 

renewal process can be found under the 

Nuclear Reactors icon at http:// 

www.nrc.gov/reactors/operating/ 

licensing/renewal.html on the NRC’s 

Web site. Copies of the application to 

renew the operating licenses for DCPP 

are available for public inspection at the 

Commission’s PDR, located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852– 

2738, and at http://www.nrc.gov/ 

reactors/operating/licensing/renewal/ 

applications.html, the NRC’s Web site 

while the application is under review. 

The application may be accessed in 

ADAMS through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm/ 

adams.html under ADAMS Accession 

Number ML093340125. As stated above, 

persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS may 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. 

The NRC staff has verified that a copy 

of the license renewal application is 

also available to local residents near the 

site at the San Luis Obispo Public 

Library, 995 Palm Street, San Luis 

Obispo, California 93401, and at the 

Paso Robles Public Library, 1000 Spring 

Street, Paso Robles, California 93446. 

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 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 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: 

(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 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.(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 


jlentini on DSKJ8SOYB1PROD with NOTICES
3496 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. 

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 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 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 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 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 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 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
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. 


jlentini on DSKJ8SOYB1PROD with NOTICES