[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45490-45494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17903]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-373 and 50-374]


Exelon Generation Company, LLC, Lasalle County Station, Units 1 
and 2; Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Opportunity for a Hearing and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-11 and NPF-18, issued to Exelon Generation Company, LLC, for 
operation of the LaSalle County Station (LSCS), Units 1 and 2, located 
in LaSalle County, Illinois.
    This amendment request contains sensitive unclassified non-
safeguards information (SUNSI). The proposed amendment would revise the 
licensing basis to allow ganged rod drive capability of the Rod Control 
Management System (RCMS). The amendment would revise the current 
licensing basis for Section 15 of the LSCS updated final safety 
analysis report (UFSAR) to incorporate the description of a new, 
potential accident into the LSCS UFSAR. The proposed new section of the 
UFSAR, (i.e., Section 15.4.1.3, ``Multiple Rod Withdrawal Error on 
Startup'') addresses the potential for a new accident similar to the 
event described in the current LSCS UFSAR Section 15.4.1.2, 
``Continuous Rod Withdrawal During Startup.'' The potential new 
accident involves multiple rods being withdrawn in error, vice only one 
rod.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    Within 60 days after the date of publication of this notice, the 
person(s) may file a request for a hearing with respect to issuance of 
the amendment to the subject facility operating license and 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 via electronic submission through the NRC E-Filing system for a 
hearing and a petition for leave to intervene. Requests for a hearing 
and a petition for leave to intervene shall be filed in accordance with 
the Commission's ``Rules of Practice for Domestic Licensing 
Proceedings,'' in Title 10 of the Code of Federal Regulations (10 CFR), 
Part 2. Interested person(s) should consult a current copy of 10 CFR 
2.309, which is available at the Commission's public document room 
(PDR), located at One White Flint North, Public File Area O1F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible from the Agencywide Documents Access and 
Management System's (ADAMS') Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to 
intervene is filed by the above date, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel, will rule on the 
request and/or petition; and the Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of a 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner/
requestor in the proceeding, and how that interest may be affected by 
the results of the proceeding. The petition should specifically explain 
the reasons why intervention should be permitted with particular 
reference to the following general requirements: (1) The name, address 
and telephone number of the requestor or petitioner; (2) the nature of 
the requestor's/petitioner's right under the Act to be made a party to 
the proceeding; (3) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order that may be issued 
in the proceeding on the requestor's/petitioner's interest. The 
petition must also identify the specific contentions which the 
petitioner/requestor seeks to have litigated at the proceeding.
    In accordance with 10 CFR 2.309, each contention must consist of a 
specific statement of the issue of law or fact to be raised or 
controverted. In addition, the petitioner/requestor shall provide a 
brief explanation of the bases for the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing. The petitioner/requestor must also provide 
references to those specific sources and documents of which the 
petitioner/requestor is aware and on which the petitioner intends to 
rely to establish those facts or expert opinion. The petition must 
include sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact. Contentions 
shall be limited to matters within the scope of the amendment under 
consideration. The contention must be one which, if proven, would 
entitle the petitioner/requestor to relief. A petitioner/requestor who 
fails to satisfy these requirements with respect

[[Page 45491]]

to at least one contention will not be permitted to participate as a 
party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
requires participants to submit and serve 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 a waiver 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 
must contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#420a2723302b2c25062d21292736022c30216c252d34"><span class="__cf_email__" data-cfemail="6a220f0b1803040d2e0509010f1e2a041809440d051c">[email protected]</span></a>, or by calling (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/or (2) 
creation of an electronic docket for the proceeding (even in instances 
in which the petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer<SUP>TM</SUP> 
to access the Electronic Information Exchange (EIE), a component of the 
E-Filing system. The Workplace Forms Viewer<SUP>TM</SUP> is free and is 
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. 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.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it 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 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 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 may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737. 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: 
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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted, based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    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, an Atomic Safety and Licensing Board, or 
a 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. 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 submissions.
    For further details with respect to this license amendment 
application, see the application for amendment dated August 14, 2007, 
which is available for public inspection at the Commission's PDR, 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the ADAMS Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-
397-4209, or 301-415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#0a5a4e5824586f79657f78696f4a647869246d657c"><span class="__cf_email__" data-cfemail="451501176b1720362a30372620052b37266b222a33">[email protected]</span></a>.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation; Lasalle 
County Station, Units 1 and 2; Docket No 50-373, 50-374; LaSalle 
County, Illinois

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including SUNSI and safeguards information 
(SGI)).
    2. Within ten (10) days after publication of this notice of 
opportunity for hearing, any potential party as defined in 10 CFR 2.4 
who believes access to SUNSI or SGI is necessary for a response to the 
notice may request access to SUNSI or SGI. A ``potential party'' is any 
person who intends or may intend to participate as a party by 
demonstrating standing and the filing of an admissible contention under 
10 CFR 2.309. Requests submitted later than ten (10) days will not be 
considered absent a showing of good cause for the late

[[Page 45492]]

filing, addressing why the request could not have been filed earlier.
    3. The requester shall submit a letter requesting permission to 
access SUNSI and/or SGI 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, MD 20852. The 
e-mail address for the Office of the Secretary and the Office of the 
General Counsel are <a href="/cdn-cgi/l/email-protection#bdf5d8dccfd4d3daf9d2ded6d8c9fdd3cfde93dad2cb"><span class="__cf_email__" data-cfemail="98d0fdf9eaf1f6ffdcf7fbf3fdecd8f6eafbb6fff7ee">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#4a78787a0d09272b23260a243829642d253c"><span class="__cf_email__" data-cfemail="8bb9b9bbccc8e6eae2e7cbe5f9e8a5ece4fd">[email protected]</span></a>, 
respectively. The request must include the following information: \1\
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    \1\ See footnote 6. 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 and/or SGI under these procedures should be submitted 
as described in this paragraph.
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    a. A description of the licensing action with a citation to this 
Federal Register notice of opportunity for hearing;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed by 
the licensing action identified in (a) if the licensing action is not 
sustained;
    c. If the request is for SUNSI, the identity of the individual 
requesting access to SUNSI and the requester's need for the information 
in order to meaningfully participate in this adjudicatory proceeding, 
particularly why publicly available versions of the application would 
not be sufficient to provide the basis and specificity for a proffered 
contention;
    d. If the request is for SGI, the identity of the individual 
requesting access to SGI and the identity of any expert, consultant or 
assistant who will aid the requester in evaluating the SGI, and 
information that shows:
    (i) Why the information is indispensable to meaningful 
participation in this licensing proceeding; and
    (ii) The technical competence (demonstrable knowledge, skill, 
experience, training or education) of the requester to understand and 
use (or evaluate) the requested information to provide the basis and 
specificity for a proffered contention. The technical competence of a 
potential party or its counsel may be shown by reliance on a qualified 
expert, consultant or assistant who demonstrates technical competence 
as well as trustworthiness and reliability, and who agrees to sign a 
non-disclosure affidavit and be bound by the terms of a protective 
order; and
    e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-258 (fingerprint card), and a credit 
check release form completed by the individual who seeks access to SGI 
and each individual who will aid the requester in evaluating the SGI. 
For security reasons, Form SF-85 can only be submitted electronically, 
through a restricted-access database. To obtain online access to the 
form, the requester should contact the NRC's Office of Administration 
at 301-415-0320. The other completed forms must be signed in original 
ink, accompanied by a check or money order payable in the amount of 
$191.00 to the U.S. Nuclear Regulatory Commission for each individual, 
and mailed to the: \2\ Office of Administration, Security Processing 
Unit, Mail Stop T-6E46, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0012.
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    \2\ The requester will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and e-mail address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
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    These forms will be used to initiate the background check, which 
includes fingerprinting as part of a criminal history records check. 
Note: Copies of these forms do not need to be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as described above.
    4. To avoid delays in processing requests for access to SGI, all 
forms should be reviewed for completeness and accuracy (including 
legibility) before submitting them to the NRC. Incomplete packages will 
be returned to the sender and will not be processed.
    5. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.d, above, the NRC staff will determine within ten 
days of receipt of the written access 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) there is a 
legitimate need for access to SUNSI or need to know the SGI requested. 
For SGI, the need to know determination is made based on whether the 
information requested is necessary (i.e., indispensable) for the 
proposed recipient to proffer and litigate a specific contention in 
this NRC proceeding \3\ and whether the proposed recipient has the 
technical competence (demonstrable knowledge, skill, training, 
education, or experience) to evaluate and use the specific SGI 
requested in this proceeding.
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    \3\ Broad SGI requests under these procedures are thus highly 
unlikely to meet the standard for need to know; furthermore, staff 
redaction of information from requested documents before their 
release may be appropriate to comport with this requirement. These 
procedures do not authorize unrestricted disclosure or less scrutiny 
of a requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention.
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    6. If standing and need to know SGI are shown, the NRC staff will 
further determine based upon completion of the background check whether 
the proposed recipient is trustworthy and reliable. The NRC staff will 
conduct (as necessary) an inspection to confirm that the recipient's 
information protection systems are sufficient to protect SGI from 
inadvertent release or disclosure. Recipients may opt to view SGI at 
the NRC's facility rather than establish their own SGI protection 
program to meet SGI protection requirements.
    7. A request for access to SUNSI or SGI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;
    b. The proposed recipient of the information has demonstrated a 
need for SUNSI or a need to know for SGI, and that the proposed 
recipient of SGI is trustworthy and reliable;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\4\ Any protective order issued 
shall provide that the petitioner must file SUNSI or SGI contentions 25 
days after receipt of (or access to) that information. 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 or SGI contentions by that later 
deadline.
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    \4\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
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    8. If the request for access to SUNSI or SGI is granted, the terms 
and conditions for access to sensitive unclassified information will be 
set forth in a draft protective order and

[[Page 45493]]

affidavit of non-disclosure appended to a joint motion by the NRC 
staff, any other affected parties to this proceeding,\5\ and the 
petitioner(s). If the diligent efforts by the relevant parties or 
petitioner(s) fail to result in an agreement on the terms and 
conditions for a draft protective order or non-disclosure affidavit, 
the relevant parties to the proceeding or the petitioner(s) should 
notify the presiding officer within five (5) days, describing the 
obstacles to the agreement.
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    \5\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
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    9. If the request for access to SUNSI is denied by the NRC staff or 
a request for access to SGI is denied by NRC staff either after a 
determination on standing and need to know or, later, after a 
determination on trustworthiness and reliability, the NRC staff shall 
briefly state the reasons for the denial. Before the Office of 
Administration makes an adverse determination regarding access, the 
proposed recipient must be provided an opportunity to correct or 
explain information. The requester may challenge the NRC staff's 
adverse determination with respect to access to SUNSI or with respect 
to standing or need to know for SGI by filing a challenge within five 
(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. In the same manner, an SGI requester may challenge an 
adverse determination on trustworthiness and reliability by filing a 
challenge within fifteen (15) days of receipt of that determination.
    In the same manner, 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 within five (5) days of the notification by the 
NRC staff of its grant of such a request. 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.\6\
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    \6\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that 
the filing requirements of that rule 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/SGI 
requests submitted to the NRC staff under these procedures.
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    10. 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/or SGI, 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.

    Dated at Rockville, Maryland, this 30th day of July 2008.

    For the Nuclear Regulatory 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
       (SUNSI) and Safeguards Information (SGI) in This Proceeding
------------------------------------------------------------------------
             Day                             Event/activity
------------------------------------------------------------------------
0............................  Publication of Federal Register notice of
                                proposed action and opportunity for
                                hearing, including order with
                                instructions for access requests.
10...........................  Deadline for submitting requests for
                                access to SUNSI and/or SGI 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; demonstrating
                                that access should be granted (e.g.,
                                showing technical competence for access
                                to SGI); and, for SGI, including
                                application fee for fingerprint/
                                background check. Deadline for
                                submitting petition for intervention
                                containing: (i) Demonstration of
                                standing; (ii) all contentions whose
                                formulation does not require access to
                                SUNSI and/or SGI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  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 (1) need for SUNSI
                                or (2) need to know for SGI. (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). If NRC staff makes
                                the finding of need to know for SGI and
                                likelihood of standing, NRC staff begins
                                background check (including
                                fingerprinting for a criminal history
                                records check), information processing
                                (preparation of redactions or review of
                                redacted documents), and readiness
                                inspections.
25...........................  If NRC staff finds no ``need,'' ``need to
                                know,'' or 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.
190..........................   (Receipt +180) If NRC staff finds
                                standing, need to know for SGI, and
                                trustworthiness and reliability,
                                deadline for NRC staff to file motion
                                for Protective Order and draft Non-
                                Disclosure Affidavit (or to make a
                                determination that the proposed
                                recipient of SGI is not trustworthy or
                                reliable). Note: Before the Office of
                                Administration makes an adverse
                                determination regarding access, the
                                proposed recipient must be provided an
                                opportunity to correct or explain
                                information.
205..........................  Deadline for petitioner to seek reversal
                                of a final adverse NRC staff
                                determination either before the
                                presiding officer or another designated
                                officer.

[[Page 45494]]

 
1A...........................  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 and/or SGI consistent with
                                decision issuing the protective order.
A + 28.......................  Deadline for submission of contentions
                                whose development depends upon access to
                                SUNSI and/or SGI. 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 or SGI contentions by that later
                                deadline.
A + 53.......................  (Contention receipt +25) Answers to
                                contentions whose development depends
                                upon access to SUNSI and/or SGI.
A + 60.......................  (Answer receipt +7) Petitioner/Intervenor
                                reply to answers.
B............................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. E8-17903 Filed 8-4-08; 8:45 am]
BILLING CODE 7590-01-P


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