Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26807 

11We are persuaded that Nat’l Ass’n of 

Broadcasters v. Copyright Royalty Tribunal, 772 

F.2d 922, 932 (DC Cir. 1985), cert. denied, 475 U.S. 1035 (1986), is not a bar to our consideration of 

changed circumstances. 

de Freitas WDT at 11–12, Tab 1–R. 

Dr. Singer conceded the percentage 

increase in subscriber instances was 

greater for Canadian distant signals 

relative to all other distant signals. 6/15/ 

09 Tr. at 762–63 (Singer). The Settling 

Parties do not contest that there has 

been increases in the subscriber 

instances for Canadian signals, and that 

the relative increases are greater for 

Canadian signals, other than to contend 

that such increases are not indicative of 

increases in relative marketplace value. 

Joint Findings at 15–16. 

C. Determination of the Judges 

As with our consideration of the fee 

generation approach, we are required by 

the Joint Stipulations to consider the 

Canadian Claimants’ ‘‘changed 

circumstances’’ in accordance with the 

1998–99 CARP’s determination.11 The 

question arises: Must we find an 

approximate doubling of fees generated, 

as the CARP did, in order to find there 

are sufficient changed circumstances to 

award the Canadian Claimants their 

requested share of the royalties? 

We answer that question in the 

negative. We are required to apply the 

1998–99 CARP’s methodology–fee 

generation approach plus changed 

circumstances—but there is a difference 

between the methodology of fee 

generation and the evidence of changed 

circumstances. We have given the 

former considerable deference, but the 

latter is a factual inquiry. The 1998–99 

CARP’s determination of an 

approximate doubling of fees generated 

was a factual finding, not a methodology 

in and of itself, and we therefore do not 

require the Canadian Claimants in this 

proceeding to demonstrate a similar 

increase in fees generated. 

Examining the information contained 

in the charts above, we conclude that 

the data reflects a meaningful increase 

in the relative growth of the fees 

generated for both the Basic and 3.75% 

Funds for the Canadian Claimants’ 

programming from the 1998–99 to 

2000–03 period. This is confirmed 

through examination not only of this 

period alone, but from 1990–92 as well, 

a comparison that heavily influenced 

the 1998–99 CARP’s decision. In finding 

the relative increase for 2000–2003 to be 

meaningful, and therefore sufficient for 

the Canadian Claimants to sustain their 

burden of demonstrating changed 

circumstances, we also note that the 

proportional increase in subscriber 

instances for Canadian distant signals, 

relative to all other signals, is significant 

as well. Even though the CARP did not 

address proportional increases for 

subscriber instances, this is an 

evidentiary finding (not a 

methodological one) that further 

supports an identification of changed 

circumstances. Therefore, we conclude 

that the available evidence as a whole, 

when applied to the two choices offered 

by the parties’ Joint Stipulations, merits 

the increase in royalties sought by the 

Canadian Claimants. 

VI. Order of the Copyright Royalty 

Judges 

Having fully considered the record 

and for the reasons set forth herein, the 

Copyright Royalty Judges order that the 

Canadian Claimants’ shares of the 2000, 

2001, 2002, and 2003 cable royalties 

shall be distributed according to the 

following percentages: 

Year Basic fund 

(percent) 

3.75% Fund 

(percent) 

Syndex fund 

(percent) 

2000 ............................................................................................. 2.04383 0.33006 0 

2001 ............................................................................................. 2.35338 1.28069 0 

2002 ............................................................................................. 2.53544 1.88970 0 

2003 ............................................................................................. 2.58496 2.42881 0 

Per the terms of the Joint Stipulation, 

the remaining balance of the 2000–2003 

royalty fees is awarded to the Settling 

Parties. 

So ordered. 

James Scott Sledge 

Chief Copyright Royalty Judge 

William J. Roberts, Jr. 

Copyright Royalty Judge 

Stanley C. Wisniewski 

Copyright Royalty Judge 

Dated: March 30, 2010. 

James Scott Sledge, 

Chief, U.S. Copyright Royalty Judge. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2010–11231 Filed 5–11–10; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL COUNCIL ON DISABILITY 

Sunshine Act Meetings 

DATES AND TIMES: May 13, 2010, 9 a.m.– 

4:45 p.m. 

May 14, 2010, 8:30 a.m.–10:30 a.m. 

PLACE: Key Bridge Marriott, 1401 Lee 

Highway, Arlington, VA. 

STATUS: Parts of this meeting will be 

open to the public. The rest of the 

meeting will be closed to the public. 

MATTERS TO BE CONSIDERED: National 

Summit on Disability Policy 2010. 

PORTIONS OPEN TO THE PUBLIC: Thursday, 

May 13, 2010, 9 a.m.–4:45 p.m. 

MATTERS TO BE CONSIDERED: Closed 

Executive Session. 

PORTIONS CLOSED TO THE PUBLIC: Friday, 

May 14, 2010, 8:30 a.m.–10:30 a.m. 

CONTACT PERSON FOR MORE INFORMATION: 

Mark Quigley, Director of 

Communications, NCD, 1331 F Street, 

NW., Suite 850, Washington, DC 20004; 

202–272–2004, 202–272–2074 (TTY). 

Dated: May 4, 2010. 

Joan M. Durocher, 

Executive Director. 

[FR Doc. 2010–11392 Filed 5–10–10; 11:15 am] 

BILLING CODE 6820–MA–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–7019; NRC–2010–0174] 

Notice of Acceptance of Application 

for Special Nuclear Materials License 

From Oregon State University, 

Corvallis, OR, Opportunity To Request 

a Hearing, and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) for Contention 

Preparation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license application, 

opportunity to request a hearing, and 

Order Imposing Procedures for Access 

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26808 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

to Sensitive Unclassified NonSafeguards Information (SUNSI) for 

Contention Preparation. 

DATES: Requests for a hearing or leave to 

intervene must be filed by July 12, 2010. 

Any potential party as defined in 10 

CFR 2.4 who believes access to 

Sensitive Unclassified Non-Safeguards 

Information is necessary to response to 

this notice must request document 

access by May 24, 2010. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2010– 

0174 in the subject line of your 

comments. 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 your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your 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 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0174. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rules, 

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 RADB at 

(301) 492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The public 

version of the Oregon State University 

license application is available 

electronically under ADAMS Accession 

Number ML100431387. The ADAMS 

accession number for the non-public 

version of the license application is 

ML100431384. The ADAMS accession 

number for the NRC staff’s March 5, 

2010, acceptance letter is ML100221380. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2010–0174. 

FOR FURTHER INFORMATION CONTACT: 

Mary Adams, Senior Project Manager, 

Fuel Manufacturing Branch, Division of 

Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Rockville, Maryland 

20852. Telephone: (301) 492–3113; Fax: 

(301) 492–3363; e-mail: 

Mary.Adams@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) has accepted an application for a 

new license for the possession and use 

of special nuclear materials (SNM) for 

research programs at Oregon State 

University in Corvallis, Oregon. Oregon 

State University requested the new 

license for a period of 10 years. This 

license application, if approved, would 

authorize Oregon State University to 

possess and use special nuclear 

materials under Title 10 of the Code of 

Federal Regulations (10 CFR) part 70, 

‘‘Domestic Licensing of Special Nuclear 

Material.’’ 

II. Discussion 

In an application dated October 22, 

2009, Oregon State University requested 

a license to possess and use SNM to 

experimentally acquire hydromechanical properties of single fuel 

elements. The fuel elements are from 

five high-performance research reactors 

located in the United States. Following 

an administrative review, the NRC 

requested that Oregon State University 

revise the application to include certain 

elements essential to the review. Oregon 

State University submitted a revised 

license application dated February 11, 

2010, and, as documented in a letter to 

Oregon State University dated March 5, 

2010, the NRC staff found the revised 

license application acceptable to begin a 

technical review. The application has 

been docketed in Docket No. 70–7019. 

If the NRC approves the license 

application, the approval will be 

documented in the issuance of a new 

NRC License. However, before 

approving the license application, the 

NRC will need to make the findings 

required by the Atomic Energy Act of 

1954, as amended (the Act), and the 

NRC’s regulations. These findings will 

be documented in a Safety Evaluation 

Report. Because the licensed material 

will be used for research and 

development and for educational 

purposes, the application appears to 

qualify for a categorical exclusion 

pursuant to 10 CFR 51.22(c)(14)(v). 

III. Opportunity To Request a Hearing 

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 O1 

F21, 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. 

IV. Petitions for Leave To Intervene 

Any person whose interest may be 

affected by this proceeding and who 

desires to participate as a party in the 

proceeding must file a written petition 

for leave to intervene. 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. 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 

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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26809 

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 a 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 

license application that the petitioner 

disputes and the supporting reasons for 

each dispute, or, if the petitioner 

believes that the license application 

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 July 12, 

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). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by July 12, 

2010. 

V. 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 any 

document 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 

petitioner/requestor 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 

petitioner/requestor, or its counsel or 

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

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 petitioner/requestor has 

obtained a digital ID certificate and a 

docket has been created, the petitioner/ 

requestor 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE 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 

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26810 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

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

initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

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

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

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 (800) 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 a 

motion, 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: 

Rulemakings 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: 

Rulemakings 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 May 

12, 2010. 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). 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request such access. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication will not be considered 

absent a showing of good cause for the 

late filing, addressing why the request 

could not have been filed earlier. 

C. The requester shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is: 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(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 

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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 deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff either after 

a determination on standing and need 

for access, or after a determination on 

trustworthiness and reliability, the NRC 

staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) The requester may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

H. Review of Grants of Access. A 

party other than the requester may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR Part 2. 

Attachment 1 to this Order summarizes 

the general target schedule for 

processing and resolving requests under 

these procedures. 

It is so ordered: 

Dated at Rockville, Maryland, this 6th 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 ...................... The U.S. 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/Intervener reply to answers. 

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

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

26812 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

1Notice of United States Postal Service Filing of 

Functionally Equivalent Global Direct Contracts 1 

Negotiated Service Agreement, May 4, 2010 

(Notice). 

2Notice at 1–2. See Docket No. MC2008–7, 

Request of the United States Postal Service to Add 

Global Plus 2 Negotiated Service Agreements to the 

Competitive Product List, and Notice of Filing 

(Under Seal) the Enabling Governors’ Decision and 

Two Functionally Equivalent Agreements, August 

8, 2008; Attachment 1 is a redacted version of 

Decision of the Governors of the United States 

Postal Service on the Establishment of Prices and 

Classifications for Global Direct, Global Bulk 

Economy, and Global Plus Contracts, July 16, 2008 

(Governors’ Decision No. 08–10). The Postal Service 

also filed under seal an unredacted version of the 

Governors’ Decision in that docket. 

3See Docket Nos. MC2009–9, CP2009–10 and 

CP2009–11, Order Concerning Global Direct 

Contracts Negotiated Service Agreements, 

December 19, 2008 (Order No. 153). 

4The Postal Service states in its Notice that 

Attachment 3 is the application for non-public 

treatment of the redacted materials and that 

Attachment 4 is the redacted version of the 

Governors’ Decision No. 08–10. However, the 

attachments filed in this docket are as noted above. 

5See Order No. 153 at 9. See also Docket No. 

MC2009–23, Order of Classification Changes, May 

11, 2009, that accepts a Postal Service proposal to 

modify the Mail Classification Schedule so that for 

Global Direct service the mailer is notified whether 

such mail is (or is not) sealed against inspection. 

[FR Doc. 2010–11310 Filed 5–11–10; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2010–47; Order No. 454] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Direct Contracts 1 

(MC2010–17) negotiated service 

agreement to the Competitive Product 

List. This notice addresses procedural 

steps associated with the filing. 

DATES: Comments are due: May 14, 

2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On May 4, 2010, the Postal Service 

filed a notice announcing that it has 

entered into an additional Global Direct 

Contracts 1 agreement.1 Global Direct 

Contracts provide a rate for mail 

acceptance within the United States, 

transportation to a receiving country of 

mail that bears the destination country’s 

indicia, and payment by the Postal 

Service of the appropriate settlement 

charges to the receiving country. The 

Postal Service believes the instant 

agreement is functionally equivalent to 

the Global Direct Contracts 1 agreements 

in Docket Nos. MC2010–17, CP2010–18 

and CP2010–19 and supported by the 

Governors’ Decision filed in Docket No. 

MC2008–7.2

The instant agreement. The Postal 

Service filed the instant agreement 

pursuant to 39 CFR 3015.5. In addition, 

the Postal Service contends that the 

agreement is in accordance with Order 

No. 153.3 The term of the instant 

agreement is 1 year from the date the 

Postal Service notifies the customer that 

all necessary regulatory approvals have 

been received and it may be 

automatically renewed unless 

terminated by the parties. Notice at 3. 

The Postal Service states that the instant 

agreement replaces the agreement for 

the customer in Docket No. CP2009–29 

which will expire soon. Id. at 2–3. 

In support of its Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachment 1—a redacted copy of 

the contract; 

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 08–10, which 

establishes prices and classifications for 

Global Direct, Global Bulk Economy, 

and Global Plus Contracts; and 

• Attachment 4—an application for 

non-public treatment of materials to 

maintain redacted portions of the 

contract and supporting documents 

under seal.4

The Postal Service states that the 

instant agreement fits within the Mail 

Classification Schedule language for 

Global Direct Contracts in Governors’ 

Decision No. 08–10, with the 

modification noted in Order No. 153.5

The Notice advances reasons why the 

instant agreement fits within the Mail 

Classification Schedule language for 

Global Direct Contracts and is 

functionally equivalent to the previous 

Global Direct Contracts 1 in Docket Nos. 

MC2010–17 and CP2010–18. The Postal 

Service characterizes certain differences 

from previous Global Direct agreements 

as cosmetic or customer-specific 

updates. It identifies changes in specific 

provisions that contain the essential 

differences from the previous Global 

Direct Contracts 1 agreement as 

revisions in mailer notification 

requirements, mailer minimum 

commitment, and clarifying countryspecific notification requirements all of 

which are highlighted in the Notice. Id. 

at 3. It contends that the instant contract 

is functionally equivalent to the Global 

Direct Contracts 1 agreement filed 

previously notwithstanding these 

differences. Id. at 4. 

The Postal Service contends that its 

filing demonstrates that the ‘‘cost and 

market characteristics of this agreement 

are substantially similar to those of prior 

Global Direct contracts’’ and is in 

conformity with the requirements of 39 

U.S.C. 3633. Id. It requests that the 

agreement be included within the 

Global Direct Contracts 1 product. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2010–47 for consideration of 

matters related to the contract identified 

in the Postal Service’s Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s contract is consistent with the 

policies of 39 U.S.C. 3632, 3633 or 3642. 

Comments are due no later than May 14, 

2010. The public portions of this filing 

can be accessed via the Commission’s 

Web site (http://www.prc.gov). 

The Commission appoints Paul L. 

Harrington to serve as Public 

Representative in the captioned filing. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2010–47 for consideration of 

matters raised by the Postal Service’s 

Notice. 

2. Comments by interested persons in 

these proceedings are due no later than 

May 14, 2010. 

3. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–11246 Filed 5–11–10; 8:45 am] 

BILLING CODE 7710–FW–S 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES