[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53446-53451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21565]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-025 and 52-026]


Southern Nuclear Operating Company, et al.; Notice of Hearing and 
Opportunity To Petition for Leave To Intervene and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information for Contention Preparation on a 
Combined License for the Vogtle Electric Generating Plant Units 3 and 4

    Pursuant to the Atomic Energy Act of 1954, as amended, and the 
regulations in Title 10 of the Code of Federal Regulations (10 CFR) 
Part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 10 CFR Part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' and 10 CFR Part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' 
notice is hereby given that a hearing will be held, at a

[[Page 53447]]

time and place to be set in the future by the U.S. Nuclear Regulatory 
Commission (NRC, the Commission) or designated by the Atomic Safety and 
Licensing Board (Board). The hearing will consider the combined license 
(COL) application dated March 28, 2008, filed pursuant to Subpart C of 
10 CFR Part 52 by Southern Nuclear Operating Company (SNC), acting on 
behalf of itself and Georgia Power Company, Oglethorpe Power 
Corporation (an Electric Membership Corporation), Municipal Electric 
Authority of Georgia, and the City of Dalton, Georgia, an incorporated 
municipality in the State of Georgia acting by and through its Board of 
Water, Light and Sinking Fund Commissioners (Dalton Utilities). The 
application was accepted for docketing on May 30, 2008. The docket 
numbers established for this application are 52-025 and 52-026.
    The application requests approval of a COL for Vogtle Electric 
Generating Plant (Vogtle) Units 3 and 4, located in Burke County, 
Georgia. The Vogtle COL application incorporates by reference the 
AP1000 design certified in Appendix D to 10 CFR Part 52, and the 
application to amend that certified design. The AP1000 amendment 
application is the subject of an ongoing rulemaking under docket number 
52-006. The Vogtle COL application also references an Early Site Permit 
application that is the subject of an ongoing adjudicatory proceeding 
under docket number 52-011. The Final Environment Impact Statement for 
the ESP was published on August 22, 2008.
    The hearing on the COL application will be conducted by a Board 
that will be designated by the Chairman of the Atomic Safety and 
Licensing Board Panel or will be conducted by the Commission. Notice as 
to the membership of the Board will be published in the Federal 
Register at a later date. The NRC staff will complete a detailed 
technical review of the application and will document its findings in a 
safety evaluation report. The Commission will refer a copy of the 
application to the Advisory Committee on Reactor Safeguards (ACRS) in 
accordance with 10 CFR 52.87, ``Referral to the ACRS,'' and the ACRS 
will report on those portions of the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
who desires to participate as a party in this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309. 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 petition for leave to intervene must be filed no later than 60 
days from the date of publication of this notice in the Federal 
Register. Non-timely filings will not be entertained absent a 
determination by the Commission or presiding officer designated to rule 
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(i)-
(viii).
    All documents filed in NRC adjudicatory proceedings including 
intervention petitions, request by interested governmental entities to 
participate under 10 CFR 2.315(c), and any other pleadings, must be 
filed in accordance with the NRC E-Filing rule, which was promulgated 
by the NRC 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 10 
days prior to the filing deadline, the petitioner must contact the 
Office of the Secretary by e-mail at <a href="/cdn-cgi/l/email-protection#672f0206150e09002308040c02132709150449000811"><span class="__cf_email__" data-cfemail="541c3135263d3a33103b373f3120143a26377a333b22">[email protected]</span></a>, or by 
calling (301) 415-1677, to request (1) a digital ID certificate, which 
allows the petitioner (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 (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each participant will need to download the Workplace 
Forms Viewer\TM\ to access the Electronic Information Exchange (EIE), a 
component of the E-Filing system. The Workplace Forms Viewer\TM\ 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 participant has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
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 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 good cause for not 
submitting documents electronically must submit 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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or

[[Page 53448]]

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 submission.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below.
    Counsel for the applicant are M. Stanford Blanton, 
<a href="/cdn-cgi/l/email-protection#d0a3b2bcb1bea4bfbe90b2b1bcb3b8feb3bfbd"><span class="__cf_email__" data-cfemail="a7d4c5cbc6c9d3c8c9e7c5c6cbc4cf89c4c8ca">[email protected]</span></a> (205-226-3417), or Moanica M. Caston, 
<a href="/cdn-cgi/l/email-protection#7c111f1d0f0813123c0f13090814190e121f13521f1311"><span class="__cf_email__" data-cfemail="7b16181a080f14153b08140e0f131e0915181455181416">[email protected]</span></a> (205-992-5316), or Kathryn M. Sutton, 
<a href="/cdn-cgi/l/email-protection#94ffe7e1e0e0fbfad4f9fbe6f3f5faf8f1e3fde7baf7fbf9"><span class="__cf_email__" data-cfemail="553e262021213a3b15383a2732343b3930223c267b363a38">[email protected]</span></a> (202-739-5738). Counsel for the NRC staff in 
this proceeding are Ann Hodgdon, <a href="/cdn-cgi/l/email-protection#62230c0c4c2a0d0605060d0c220c10014c050d14"><span class="__cf_email__" data-cfemail="51103f3f7f193e3536353e3f113f23327f363e27">[email protected]</span></a> (301-415-1587) and 
Michael Spencer, <a href="/cdn-cgi/l/email-protection#703d19131811151c5e2300151e131502301e02135e171f06"><span class="__cf_email__" data-cfemail="05486c666d6460692b5675606b666077456b77662b626a73">[email protected]</span></a> (301-415-4073).
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his position on 
the issues, which need not be submitted using the E-filing process, at 
any session of the hearing or any pre-hearing conference within the 
limits and conditions fixed by the presiding officer, but may not 
otherwise participate in the proceeding.
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and will be accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room link 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 documents located in ADAMS should contact the NRC 
PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by 
e-mail to <a href="/cdn-cgi/l/email-protection#eb9b8f99ab859988c58c849d"><span class="__cf_email__" data-cfemail="572733251739253479303821">[email protected]</span></a>. The application is also available at http://www.nrc.gov/reactors/new-licensing/col/vogtle.html. The ADAMS accession 
number for the application cover letter is ML081050133.
    To search for documents in ADAMS using the Vogtle Units 3 and 4 COL 
application docket numbers, 52-025 and 52-026, enter the terms 
``05200025'' and ``05200026'' in the ``Docket Number'' field when using 
either the Web-based search (advanced search) engine or the ADAMS find 
tool in Citrix. The Vogtle ESP can be found in ADAMS using the 
accession number ML070660266 or by going to http://www.nrc.gov/reactors/new-licensing/esp/vogtle.html. To search for documents on the 
Vogtle ESP docket, enter ``05200011'' in the ``Docket Number'' field in 
the Web-based search (advanced search) engine or the ADAMS find tool.
    The AP1000 DCD through Revision 15, which is incorporated by 
reference into Appendix D of Part 52, can be found by going to http://www.nrc.gov/reactors/new-licensing/design-cert/ap1000.html. The AP1000 
DCD Revision 16 can be found using ADAMS accession number ML071580939 
or by going to http://www.nrc.gov/reactors/new-licensing/col/vogtle.html. To search for documents in ADAMS using the AP1000 DCD 
Revision 16 docket number 52-006, enter the term ``05200006'' in the 
ADAMS ``Docket Number'' field. The Final Environmental Impact Statement 
for the Vogtle ESP can be found on the NRC Web site at http://www.nrc.gov/reactors/new-licensing/esp/vogtle.html, or under ADAMS 
accession numbers ML0822440145, ML0822440165 and ML082260203.

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

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
    2. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, 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 
10 days after the publication of the notice of hearing will not be 
considered absent a showing of good cause for the late 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, Maryland 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#6b230e0a1902050c2f0408000e1f2b051908450c041d"><span class="__cf_email__" data-cfemail="7e361b1f0c1710193a111d151b0a3e100c1d50191108">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#672820240a060e0b2709150449000811"><span class="__cf_email__" data-cfemail="28676f6b4549414468465a4b064f475e">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ See footnote <greek-i>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 hearing and opportunity to petition for 
leave to intervene;
    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 action identified in (a);
    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

[[Page 53449]]

    (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.\2\ 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 U.S. Nuclear Regulatory Commission, 
Office of Administration, Security Processing Unit, Mail Stop T-6E46, 
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 requester 
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 10 
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 requester'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 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 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 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 15 days of receipt of that determination.
    In the same manner, a party other than the requester may challenge 
an

[[Page 53450]]

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 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; August 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 10th day of September 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 and 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) and/or
                                 Safeguards Information (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.
60............................  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............................  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 (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.
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 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.
------------------------------------------------------------------------



[[Page 53451]]

[FR Doc. E8-21565 Filed 9-15-08; 8:45 am]
BILLING CODE 7590-01-P


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