27368 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

1Any portion of the closed session consisting 

solely of staff briefings does not fall within the 

Sunshine Act’s definition of the term ‘‘meeting’’ 

and, therefore, the requirements of the Sunshine 

Act do not apply to such portion of the closed 

session. 5 U.S.C. 552b(a)(2) and (b). See also 45 CFR 

1622.2 & 1622.3. 

LOCATION: Legal Services Corporation, 

3333 K Street, NW., Washington, DC 

20007, 3rd Floor Conference Center. 

PUBLIC OBSERVATION: For all meetings 

and portions thereof open to public 

observation, members of the public that 

wish to listen to the proceedings may do 

so by following the telephone call-in 

directions given below. You are asked to 

keep your telephone muted to eliminate 

background noises. From time to time 

the Chairman may solicit comments 

from the public. 

CALL-IN DIRECTIONS FOR OPEN SESSION(S): 

• Call toll-free number: 1–(866) 451– 

4981; 

• When prompted, enter the 

following numeric pass code: 

5907707348; 

• When connected to the call, please 

‘‘MUTE’’ your telephone immediately. 

STATUS OF MEETING: Open, except as 

noted below. 

• A portion of the meeting of the 

Board of Directors may be closed to the 

public pursuant to a vote of the Board 

of Directors to receive a staff briefing1

regarding the proposed response to a 

draft report by the Government 

Accountability Office (‘‘GAO’’) on 

certain aspects of the Corporation’s 

operations. 

A verbatim written transcript will be 

made of the closed session of the Board 

meeting. However, the transcript of any 

portions of the closed session falling 

within the relevant provisions of the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c)(9)(B), and the 

corresponding provisions of the Legal 

Services Corporation’s implementing 

regulation, 45 CFR 1622.5(g), will not be 

available for public inspection. A copy 

of the General Counsel’s Certification 

that in his opinion the closing is 

authorized by law will be available 

upon request. 

Matters To Be Considered 

Open Session 

1. Approval of the agenda. 

2. Consider and act on Board of 

Directors’ response to the Inspector 

General’s Semiannual Report to 

Congress for the period of October 1, 

2009 through March 31, 2010. 

3. Public comment. 

4. Consider and act on whether to 

authorize an executive session of the 

Board to address items listed below 

under Closed Session. 

Closed Session 

5. Staff briefing on proposed response 

to the Government Accountability 

Office (‘‘GAO’’) draft report entitled 

‘‘Legal Services Corporation: 

Improvements Needed in Controls Over 

Grant Awards and Grant Program 

Effectiveness (GAO–10–540).’’ 

6. Consider and act on other business. 

7. Consider and act on motion to 

adjourn meeting. 

CONTACT PERSON FOR INFORMATION: 

Kathleen Connors, Executive Assistant 

to the President, at (202) 295–1500. 

Questions may be sent by electronic 

mail to 

FR_NOTICE_QUESTIONS@lsc.gov. 

Special Needs: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Kathleen Connors at (202) 

295–1500 or 

FR_NOTICE_QUESTIONS@lsc.gov. 

Dated: May 12, 2010. 

Patricia D. Batie, 

Corporate Secretary. 

[FR Doc. 2010–11755 Filed 5–12–10; 4:15 pm] 

BILLING CODE 7050–01–P 

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. 

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: 

Cindy.Montgomery@nrc.gov. 

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 

Carol.Gallagher@nrc.gov. 

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 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 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 nonsafeguards 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 crossexamination 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 EVerDate Mar<15>2010 18:07 May 13, 2010 Jkt 220001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1

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27370 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

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 

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 

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 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27371 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

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

initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

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

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

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 

pdr.resource@nrc.gov. 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, email: jay.silberg@pillsburylaw.com 

(counsel for Aerotest). 

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 addresses 

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 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 


emcdonald on DSK2BSOYB1PROD with NOTICES
27372 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

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. 

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 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 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–252; NRC–2009–0557] 

University of New Mexico; University 

of New Mexico AGN–201M Reactor; 

Environmental Assessment and 

Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering issuance of a renewed 

Facility Operating License No. R–102, to 

the University of New Mexico (the 

licensee), which would authorize 

continued operation of the University of 

New Mexico AGN–201M reactor, 

located in Albuquerque, Bernalillo 

County, New Mexico. Therefore, as 

required by Title 10 of the Code of 

Federal Regulations (10 CFR) 51.21, the 

NRC is issuing this Environmental 

Assessment and Finding of No 

Significant Impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would renew 

Facility Operating License No. R–102 

for a period of twenty years from the 

date of issuance of the renewed license. 

The proposed action is in accordance 

with the licensee’s application dated 

February 21, 2007, as supplemented by 

letter dated November 9, 2009. In 

accordance with 10 CFR 2.109, the 

existing license remains in effect until 

the NRC takes final action on the 

renewal application. 

Need for the Proposed Action 

The proposed action is needed to 

allow the continued operation of the 

AGN–201M reactor to routinely provide 

teaching, research, and services to 

numerous institutions for a period of 

twenty years. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its safety 

evaluation of the proposed action to 


emcdonald on DSK2BSOYB1PROD with NOTICES