55876 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

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

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

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. Mark Haenschen, M.S., J.D., letter 

to U.S. Nuclear Regulatory Commission, 

Region III, dated July 9, 2008 (ADAMS 

Accession No. ML081930612). 

2. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination;’’ 

3. Title 10 Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ 

4. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ NUREG– 

1757, Consolidated Decommissioning 

Guidance. 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. These documents 

may also be viewed electronically on 

the public computers located at the 

NRC’s PDR, O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Lisle, Illinois, this 16th day of 

September 2008. 

For the Nuclear Regulatory Commission. 

Christine A. Lipa, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III. 

[FR Doc. E8–22687 Filed 9–25–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–016] 

Calvert Cliffs 3 Nuclear Project, LLC, 

and Unistar Nuclear Operating 

Services, LLC 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 Calvert 

Cliffs Nuclear Power Plant Unit 3 

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 

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 application dated July 

13, 2007, and March 14, 2008, filed by 

Constellation Generation Group, LLC, 

and UniStar Nuclear Operating Services, 

LLC (CGG and UniStar), pursuant to 

Subpart C of 10 CFR Part 52 for a 

combined license (COL). The 

application was supplemented by letters 

dated July 16, August 2, September 11, 

October 30, December 14, 2007, and 

January 14, March 3, March 14, May 15, 

May 30, June 20, July 31, August 18 and 

August 19, 2008. The application was 

revised by letter dated August 20, 2008, 

which among other things changed the 

applicants to Calvert Cliffs 3 Nuclear 

Project, LLC, and UniStar Nuclear 

Operating Services, LLC. The 

application requests approval of a COL 

for Calvert Cliffs Nuclear Power Plant 

Unit 3, to be located in Calvert County, 

Maryland. The two parts of the 

application were accepted for docketing 

on January 25, 2008 (73 FR 5877, 

January 31, 2008) and June 3, 2008 (73 

FR 32606, June 9, 2008). The docket 

number established for this COL 

application is 52–016. The Calvert Cliffs 

COL application incorporates by 

reference the application for a Standard 

Design Certification for the U.S. EPR, 

which was submitted to the NRC by 

AREVA NP on December 11, 2007, and 

supplemented by AREVA on February 

7, 2008, and February 18, 2008. The 

Standard Design Certification for the 

U.S. EPR is the subject of an ongoing 

rulemaking under docket number 52– 

020. By letter to AREVA dated February 

25, 2008, the staff has accepted the 

Standard Design Certification for the 

U.S. EPR for docketing. 

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 COL 

application and will document its 

findings in a safety evaluation report. 

The Commission will refer a copy of the 

COL 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 to 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. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated in August 

28, 2007, (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve all adjudicatory documents 

over the internet, or in some cases to 

mail copies on electronic storage media. 

Participants may not submit paper 

copies of their filings unless they seek 

an exemption in accordance with the 

procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

petitioner must contact the Office of the 


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Secretary by e-mail at 

HearingDocket@nrc.gov, 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 (or its counsel or 

representative) already holds an NRCissued 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/esubmittals/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/applycertificates.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/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 

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/esubmittals.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 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 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. 

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 the 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. 

Petitions 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 

Board designated to rule on the petition, 

pursuant to the requirements of 10 CFR 

2.309(c)(1)(i)–(viii). 

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, which need not be 

submitted to the agency using the EFiling process, regarding the issues at 

any session of the hearing or any prehearing conference within the limits 

and conditions fixed by the presiding 

officer, but may not otherwise 

participate in the proceeding. 

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 is 

Carey W. Fleming, (410) 470–5703, 

carey.fleming@constellation.com. 

Counsel for the NRC staff in this 

proceeding is James P. Biggins, (301) 

415–6305, james.biggins@nrc.gov. 

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 

pdr.resource@nrc.gov. The application 

is available at http://www.nrc.gov/ 

reactors/new-licensing/col/calvertcliffs.html. The ADAMS accession 

number for the COL application cover 

letters are ML071980294, ML080990114 

and ML082390786. The ADAMS 

accession numbers for the supplements 

to the application are ML071980294, 

ML073520191, ML072000363, 

ML072200533, ML072560022, 

ML073060128, ML080160244, 

ML080660622, ML081410279, 

ML081550221, ML081760197, 

ML082170395, ML082330105 and 

ML082340693. To search for documents 

in ADAMS using the Calvert Cliffs COL 

application docket number, 52–016, 

enter the term ‘‘05200016’’ in the 

‘‘Docket Number’’ field when using 

either the web-based search (advanced 

search) engine or the ADAMS find tool 

in Citrix. In the case of information 

contained in the supplemental letters 

the actual data can be obtained by 

contacting the NRC PDR. 


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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 and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

2The requester will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and email address. 

After providing this information, the requester 

usually should be able to obtain access to the online 

form within one business day. 

3Broad 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. 

The application for a Standard Design 

Certification for the U.S. EPR, can be 

found using ADAMS accession number 

ML073531802 or by going to http:// 

www.nrc.gov/reactors/new-licensing/ 

design-cert/epr.html. To search for 

documents in ADAMS using the EPR 

DC docket number, 52–020, enter the 

term ‘‘05200020’’ in the ADAMS 

‘‘Docket Number’’ field. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards 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 of 

Hearing 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 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 

HearingDocket@nrc.gov and 

OGCmail.gov respectively.1 The request 

must include the following information: 

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 

(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 

nondisclosure 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. 

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. 

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 


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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. 

5Parties/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). 

6As 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. 

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 NonDisclosure 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. 

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 

and the petitioner(s).5 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 nondisclosure 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. 

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 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

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 22nd 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 Nonsafeguards 

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 ........... 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. 


jlentini on PROD1PC65 with NOTICES
55880 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

Day Event/activity 

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/Intervener reply to answers. 

B ............ Decision on contention admission. 

[FR Doc. E8–22671 Filed 9–25–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0419] 

Security and Continued Use of 

Cesium–137 Chloride Sources: 

Granting Extension of Comment 

Period 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of Granting of Request to 

Extend the Comment Period on the 

Issues described in the Notice on the 

Security and Continued Use of Cesium– 

137 Chloride Sources. 

FOR FURTHER INFORMATION CONTACT: Dr. 

John P. Jankovich, Office of Federal and 

State Materials and Environmental 

Management Programs, telephone (301) 

415–7904, e-mail 

john.jankovich@nrc.gov, or Dr. Cynthia 

Jones, Office of Nuclear Security and 

Incident Response, telephone (301) 415– 

0298, e-mail cynthia.jones@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On July 31, 2008, the NRC issued a 

notice in the Federal Register which 

requested, in part, public comments on 

the issues presented in the notice on the 

security and continued use of cesium– 

137 chloride sources (73 FR 44780). The 

notice requested early public input on 

major issues associated with the use of 

certain forms of cesium–137 chloride 

currently used by NRC- and Agreement 

State-licensees. While the NRC has not 

initiated rulemaking on this subject, 

NRC used the conventionally 

established rulemaking comment 

channels for obtaining comments. 

II. Further Information 

The NRC staff requested receipt of 

comments on the notice by September 

30, 2008. By this action, the NRC staff 

is extending the comment period until 

October 15, 2008. Comments received 

after October 15, 2008, will be 

considered if practical to do so, but the 

NRC is unable to ensure consideration 

only for comments received on or before 

this date. Although a time limit is given, 

comments and suggestions in 

connection with the use of cesium–137 

chloride sources are encouraged at any 

time. 

In addition to inviting public 

comments on the issues presented in 

section III of the July 31, 2008 notice, 

the NRC also solicited specific 

comments related to: (1) Quantitative 

information on the costs and benefits 

resulting from consideration of the 

factors described in the Issues Paper; (2) 

operational data on radiation exposures 

(increased or reduced) that might result 

from implementing any of the options 

described in the Issues Paper; (3) 

whether the presented issues are 

addressed comprehensively; and (4) 

whether other options should be 

considered, including quantitative 

information on the costs and benefits for 

these other options. The Commission 

believes that stakeholder comments 

help to quantify the potential impact of 

these proposed changes and will assist 

the NRC as potential regulatory action(s) 

are developed. 

III. Request To Extend the Comment 

Period 

Basis for the Request 

The NRC received the following 

extension request: 

On behalf of industry, the Nuclear Energy 

Institute (NEI) respectfully requests an 

extension of the comment period identified 

in the subject Federal Register notice (FRN) 

entitled, ‘‘Request for Comments on the 

Security and Continued Use of Cesium–137 

Chloride Sources and Notice of Public 

Meeting’’ dated July 31, 2008. Specifically, 

the FRN states that stakeholder comments on 

the Cesium–137 Chloride source issues 

raised therein should be submitted to NRC no 

later than September 30, 2008. This date 

coincides with the last day of the scheduled 

public meeting, which industry fully 

supports. We believe that industry, the 

public and other stakeholder comments on 

these complex matters would be greatly 

informed by the deliberations that will 

inevitably occur during the two day meeting 

which commences on September 29, 2008. 

Therefore, we request that the comment 

period be extended, at a minimum, 30 days 

so as to close no earlier than October 30, 

2008. 

The NRC received similar requests 

from the Conference of Radiation 

Control Program Directors, Inc., 

(CRCPD), and from the International 


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