[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27368-27372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11560]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-228, NRC-2010-0178]


Aerotest Operations, Inc., Aerotest Radiography and Research 
Reactor; Notice of Consideration of Approval of Transfer and Conforming 
Amendment, Opportunity for a Hearing, and Order Imposing Procedures for 
Access to Sensitive Unclassified Non-Safeguards Information

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Order, Notice of Application, Opportunity for Hearing and 
Request for Comment.

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FOR FURTHER INFORMATION CONTACT: Cindy Montgomery, Project Manager, 
Research and Test Reactors Licensing Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Rockville, MD 20852. Telephone: (301) 415-3398; 
fax number: (301) 415-1032; e-mail: <a href="/cdn-cgi/l/email-protection#b1f2d8dfd5c89ffcdedfc5d6dedcd4c3c8f1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="5a1933343e23741735342e3d35373f28231a342839743d352c">[email protected]</span></a>.

DATES: Comments must be filed by June 14, 2010. Hearing requests and 
petitions to intervene must be filed by June 3, 2010.

ADDRESSES: Please include Docket ID NRC-2010-0178 in the subject line 
of your comments. You may submit comments by any one of the following 
methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0178. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#bcffddced3d092fbddd0d0dddbd4d9cefcd2cedf92dbd3ca"><span class="__cf_email__" data-cfemail="e4a785968b88caa385888885838c8196a48a9687ca838b92">[email protected]</span></a>.
    Mail comments to: Chief, Rulemaking, Announcements, and Directives 
Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to 
RDB at (301) 492-3446.
    For instructions on submitting comments and obtaining access to 
documents related to this notice, see Section IV., Comments.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC, the Commission) is 
considering the issuance of an Order under Title 10 of the Code of 
Federal Regulations (10 CFR) Section 50.80 approving the indirect 
transfer of Facility Operating License No. R-98 for the Aerotest 
Radiography and Research Reactor (ARRR), currently held by Aerotest 
Operations, Inc., as owner and licensed operator of ARRR. Aerotest 
Operations, Inc., is a wholly-owned subsidiary of OEA Aerospace, Inc., 
which, in turn, is owned by Autoliv ASP, Inc. The Commission is also 
considering amending the license for administrative purposes to reflect 
the proposed indirect transfer.
    According to an application for approval dated January 19, 2010, as 
supplemented by letters dated February 2, 2010, March 23, 2010, April 
1, and 19, 2010, filed by Aerotest Operations, Inc., (Aerotest), 
Autoliv ASP, Inc., and X-Ray Industries, Inc., (XRI), the applicants 
seek approval, pursuant to 10 CFR 50.80, of the indirect transfer of 
control of the licensee. The indirect transfer of control would be the 
result of a proposed sale of 100% of the stock of Aerotest to Aerotest 
Holdings, LLC, a new holding company being created by XRI. XRI would be 
the ultimate owner of Aerotest and its facility, the ARRR, and would 
indirectly own 100% of Aerotest. There will be no direct transfer of 
the license. Aerotest would continue to own and operate the facility 
and hold the license.
    No physical changes to the facilities or operational changes are 
being proposed in the application. The proposed conforming amendment

[[Page 27369]]

would replace references to OEA, Inc., in the license with references 
to ``the licensee.''
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the indirect 
transfer will not affect the qualifications of the licensee to hold the 
license, and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and Orders issued by the Commission 
pursuant thereto.
    Before issuance of the proposed conforming 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.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below. Access to the application and 
supplements is discussed in Section IV., Comments. A portion of the 
April 1, 2010, letter contains sensitive unclassified non-safeguards 
information (SUNSI), and is not available to the public. See Section 
IV., Comments and the Order providing instructions for requesting 
access to the withheld information.

II. Opportunity To Request a Hearing/Petition for Leave To Intervene

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to 
Intervene, Requirements for Standing, and Contentions.'' Interested 
persons should consult 10 CFR part 2, section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at (800) 397-4209 or (301) 415-4737). NRC regulations are also 
accessible electronically from the NRC's Electronic Reading Room on the 
NRC Web site at http://www.nrc.gov.
    Within 20 days from the date of publication of this notice, any 
person(s) 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 hearing and petition for leave to intervene via electronic 
submission through the NRC E-Filing system. As required by The 
Commission's rules of practice at 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. The petition must provide the name, 
address, and telephone number of the petitioner and specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following factors: (1) The nature of the 
petitioner's right under The Act to be made a party to the proceeding; 
(2) the nature and extent of the petitioner's property, financial, or 
other interest in the proceeding; and (3) the possible effect of any 
order that may be entered in the proceeding on the petitioner's 
interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide 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. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of the 
transfer of control of the license in response to the application. The 
petition must also include a concise statement of the alleged facts or 
expert opinions which support the position of the petitioner and on 
which the petitioner intends to rely at hearing, together with 
references to the specific sources and documents on which the 
petitioner intends to rely. Finally, the petition must provide 
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. 
Each contention must be one that, if proven, would entitle the 
petitioner to relief.
    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 a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    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 upon 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 by June 
3, 2010. 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 State and Federally-recognized Indian tribes do 
not need to address the standing requirements in 10 CFR 2.309(d)(1) if 
the facility is located within its boundaries. The entities listed 
above could also seek to participate in a hearing as a nonparty 
pursuant to 10 CFR 2.315(c).

III. 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 E-

[[Page 27370]]

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. 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 
<a href="/cdn-cgi/l/email-protection#4f272a2e3d262128612b202c242a3b0f213d2c61282039"><span class="__cf_email__" data-cfemail="afc7caceddc6c1c881cbc0ccc4cadbefc1ddcc81c8c0d9">[email protected]</span></a>, 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 NRC-
issued 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 E-Submittal 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 plug-in 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/e-submittals.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/e-submittals.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 e-mail 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/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#6b2638232f45390e18041e19080e2b051908450c041d"><span class="__cf_email__" data-cfemail="307d6378741e6255435f45425355705e42531e575f46">[email protected]</span></a>, or by a toll-free 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 
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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.

IV. Comments

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments submitted 
in writing or in electronic form will be posted on the NRC Web site and 
on the Federal rulemaking Web site Regulations.gov. Because comments 
will not be edited to remove any identifying or contact information, 
the NRC cautions against including any information in a submission that 
you do not want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or

[[Page 27371]]

contact information, and therefore, they should not include any 
information in their comments that they do not want publicly disclosed.
    Documents related to the proposed action are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. Search for 
these documents using the ADAMS accession numbers: The application 
dated January 19, 2010 (ML100490068); as supplemented by letters dated 
February 2, 2010 (ML100880295), March 23, 2010 (ML100880338), April 1, 
2010 (ML100980153), and April 19, 2010 (ML101120070). As discussed 
above in Section I., a portion of the April 1, 2010, supplement 
contains SUNSI and is not publically available. Instructions for 
requesting access to the portion of the document being withheld are 
contained in the following Order.
    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to <a href="/cdn-cgi/l/email-protection#b0c0d4c29ec2d5c3dfc5c2d3d5f0dec2d39ed7dfc6"><span class="__cf_email__" data-cfemail="3f4f5b4d114d5a4c504a4d5c5a7f514d5c11585049">[email protected]</span></a>. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR at 
11555 Rockville Pike, Rockville, Maryland 20852. The PDR reproduction 
contractor will copy documents for a fee.
    Attorney for applicant: Pillsbury Winthrop Shaw Pittman LLP, 2300 N 
Street, NW., Washington, DC 20037, telephone number (202) 663-8148, e-
mail: <a href="/cdn-cgi/l/email-protection#8be1eaf2a5f8e2e7e9eef9eccbfbe2e7e7f8e9fef9f2e7eafca5e8e4e6"><span class="__cf_email__" data-cfemail="3c565d45124f55505e594e5b7c4c5550504f5e494e45505d4b125f5351">[email protected]</span></a> (counsel for Aerotest).

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified 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 
addresses for the Office of the Secretary and the Office of the General 
Counsel are <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1058757162797e773e547f737b7564507e62733e777f66">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#2c636b6f414d45404f494258495e6c425e4f024b435a"><span class="__cf_email__" data-cfemail="c38c8480aea2aaafa0a6adb7a6b183adb1a0eda4acb5">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ While 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.
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    (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.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
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.
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    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

[[Page 27372]]

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\
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    \3\ Requesters 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.
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    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 10th day of 
May, 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.
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. 2010-11560 Filed 5-13-10; 8:45 am]
BILLING CODE 7590-01-P


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