Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60727 

application for a Combined License 

(COL) for two AP1000 nuclear power 

plants at site located in Levy County, 

Florida. The reactors are to be identified 

as Levy Nuclear Plant (LNP) Units 1 and 

2. 

An applicant may seek a COL in 

accordance with Subpart C of 10 CFR 

Part 52. The information submitted by 

the applicant includes certain 

administrative information such as 

financial qualifications submitted 

pursuant to 10 CFR 52.77, as well as 

technical information submitted 

pursuant to 10 CFR 52.79. The applicant 

also requested exemptions from certain 

requirements of Section IV.A.2. 

Appendix D to 10 CFR Part 52 and 10 

CFR 52.79 (a)(44) as documented in part 

7 of the application. 

Subsequent Federal Register notices 

will address the acceptability of the 

tendered COL application for docketing 

and provisions for participation of the 

public in the COL review process. 

A copy of the application is available 

for public inspection at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland, and via the Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/adams.html. The accession 

number for the cover letter of the 

application is ML082260277. Future 

publicly available documents related to 

the application will also be posted in 

ADAMS. 

Persons who do not have access to 

ADAMS, or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC Public 

Document Room staff by telephone at 1– 

800–397–4209 or 301–415–4737, or by 

e-mail to pdr@nrc.gov. The application 

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

reactors/newlicensing/col.html. 

Dated at Rockville, Maryland, this day 15th 

of September 2008. 

For the Nuclear Regulatory Commission. 

Brian Anderson, 

Lead Project Manager, AP1000 Projects 

Branch 1, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. E8–24265 Filed 10–10–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Notice; Applications and Amendments 

to Facility Operating Licenses 

Involving Proposed No Significant 

Hazards Considerations and 

Containing Sensitive Unclassified NonSafeguards Information or Safeguards 

Information and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information or Safeguards Information 

I. Background 

Pursuant to section 189a. (2) of the 

Atomic Energy Act of 1954, as amended 

(the Act), the U.S. Nuclear Regulatory 

Commission (the Commission or NRC 

staff) is publishing this notice. The Act 

requires the Commission publish notice 

of any amendments issued, or proposed 

to be issued and grants the Commission 

the authority to issue and make 

immediately effective any amendment 

to an operating license upon a 

determination by the Commission that 

such amendment involves no significant 

hazards consideration, notwithstanding 

the pendency before the Commission of 

a request for a hearing from any person. 

This notice includes notices of 

amendments containing sensitive 

unclassified non-safeguards information 

(SUNSI) or safeguards information 

(SGI). 

Notice of Consideration of Issuance of 

Amendments to Facility Operating 

Licenses, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing 

The Commission has made a 

proposed determination that the 

following amendment requests involve 

no significant hazards consideration. 

Under the Commission’s regulations in 

10 CFR 50.92, this means that operation 

of the facility in accordance with the 

proposed amendment would not (1) 

Involve a significant increase in the 

probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. The basis for this 

proposed determination for each 

amendment request is shown below. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period should circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example in 

derating or shutdown of the facility. 

Should the Commission take action 

prior to the expiration of either the 

comment period or the notice period, it 

will publish in the Federal Register a 

notice of issuance. Should the 

Commission make a final No Significant 

Hazards Consideration Determination, 

any hearing will take place after 

issuance. The Commission expects that 

the need to take this action will occur 

very infrequently. 

Written comments may be submitted 

by mail to the Chief, Rulemaking, 

Directives and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, and should cite the publication 

date and page number of this Federal 

Register notice. Written comments may 

also be delivered to Room 6D44, Two 

White Flint North, 11545 Rockville 

Pike, Rockville, Maryland, from 7:30 

a.m. to 4:15 p.m. Federal workdays. 

Copies of written comments received 

may be examined 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. The filing of 

requests for a hearing and petitions for 

leave to intervene is discussed below. 

Within 60 days after the date of 

publication of this notice, 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 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 10 CFR Part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s PDR, 

located at One White Flint North, Public 

File Area 01F21, 11555 Rockville Pike 


jlentini on PROD1PC65 with NOTICES
60728 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

(first floor), Rockville, Maryland, or at 

http://www.nrc.gov/reading-rm/doccollections/cfr/part002/part002– 

0309.html. 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.html. If a request for a 

hearing or petition for leave to intervene 

is filed within 60 days, 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 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 which 

may be entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. 

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/requestor 

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 is aware and on 

which the petitioner/requestor 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 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. 

If a hearing is requested, and the 

Commission has not made a final 

determination on the issue of no 

significant hazards consideration, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or any other 

documents filed in the proceeding prior 

to 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 on 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 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 

hearing.docket@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/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/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/applycertificates.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/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 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/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 a 

motion, in accordance with 10 CFR 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60729 

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). 

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. 

For further details with respect to this 

amendment action, see the application 

for amendment which is available for 

public inspection at the Commission’s 

PDR, located at One White Flint North, 

Public File Area 01F21, 11555 Rockville 

Pike (first floor), Rockville, Maryland. 

Publicly available records will be 

accessible from the ADAMS Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. If 

you do not have access to ADAMS or if 

there are problems in accessing the 

documents located in ADAMS, contact 

the PDR Reference staff at 1 (800) 397– 

4209, (301) 415–4737 or by email to 

pdr.resource@nrc.gov. 

Energy Northwest, Docket No. 50–397, 

Columbia Generating Station, Benton 

County, Washington 

Date of amendment request: July 16, 

2008. 

Description of amendment request: 

This amendment request contains 

sensitive unclassified non-safeguards 

information (SUNSI). The proposed 

changes revise Technical Specifications 

3.1.4, ‘‘Control Rod Scram Times,’’ 

3.2.2, ‘‘Minimum Critical Power Ratio 

(MCPR),’’ and 5.6.3, ‘‘Core Operating 

Limits Report (COLR).’’ The proposed 

changes involve incorporating the 

analytical methodologies associated 

with operation of Global Nuclear FuelAmericas (GNF) fuel into the licensing 

basis to support transition to GNF GE14 

fuel. 

Basis for proposed no significant 

hazards consideration determination: 

As required by 10 CFR 50.91(a), the 

licensee has provided its analysis of the 

issue of no significant hazards 

consideration, which is presented 

below: 

1. Does the proposed change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The requested changes to the Scram Time 

LCO [limiting condition for operation] and 

associated scram times are based on ensuring 

that the analytical approach utilized by GNF 

[Global Nuclear Fuel-Americas] is met. A 

scram time slower than required might result 

in an increase in the consequences of an 

accident. The CGS [Columbia Generating 

Station] proposed changes do not constitute 

an increase to any consequences to any 

accidents because the slower allowed scram 

times for the 5% insertion limit and the 

increase in the number of allowed ‘‘slow’’ 

control rods are bounded by the GNF 

analysis which demonstrates that all required 

limits are met. 

The frequency at which control rod scram 

time is verified does not affect any postulated 

precursors to an accident. Revising the 

frequency for verifying scram time of the 

control rods is not expected to impact the 

scram time. Verifying that the scram time is 

acceptable will continue to be required prior 

to plant startup following fuel movement or 

work on the control rods or control rod drive 

system. Therefore, revising the frequency for 

verifying insertion time to clarify when it is 

required does not involve a significant 

increase in the probability or consequences 

of an accident. 

The addition of a new administrative 

surveillance to ensure that the GNF 

analytical bases continue to be met with SR 

[surveillance requirement] 3.2.2.2 is an 

enhancement that requires CGS to confirm 

that operation of the plant remains within the 

analyses that supports safe operation. 

The addition of Reference 7.1 [NEDE– 

24011–P–A and NEDE–24011–P–A–US, 

‘‘General Electric Standard Application for 

Reactor Fuel (GESTAR II) and Supplement 

for United States,’’ Global Nuclear Fuel], 

which has been previously approved by the 

NRC, to the COLR [core operating limits 

report] represents an administrative type 

change required to support a transition to a 

different fuel vendor’s analytical methods. 

The proposed change to TS [technical 

specification] 5.6.3.b also includes the 

addition of the GEXL97 correlation for CGS 

(Attachment 4 [of the licensee’s application]). 

CGS plans to use the analytical methods of 

the new fuel vendor GNF for the analysis of 

the mixed core consisting of ATRIUM–10 

and GE14 fuel bundle types. The GEXL97 

correlation appropriately determines the 

critical power for ATRIUM–10 fuel. In 

addition, the GEXL97 application range 

covers the range of expected operation of the 

ATRIUM–10 fuel during normal steady state 

and transient conditions in the CGS reload 

core. 

The requested TS changes concern the use 

of analytical methods and do not involve any 

plant modifications or operational changes 

that could affect any postulated accident 

precursors or accident mitigation systems 

and do not introduce any new accident 

initiation mechanisms. The proposed 

changes have no effect on the type or amount 

of radiation released, and have no effect on 

predicted offsite doses in the event of an 

accident. Thus, the proposed changes do not 

affect the probability of an accident 

previously evaluated nor do they increase the 

radiological consequences of any accident 

previously evaluated. 

2. Does the proposed change create the 

possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed TS changes will not change 

the design function, reliability, performance, 

or operation of any plant systems, 

components, or structures. It does not create 

the possibility of a new failure mechanism, 

malfunction, or accident initiator not 

considered in the design and licensing bases. 

Plant operation will continue to be within 

the core operating limits that are established 

using NRC approved methods that are 

applicable to the CGS design and the CGS 

fuel. 

Therefore, the proposed changes do not 

create the possibility of a new or different 

kind of accident from any previously 

evaluated. 

3. Does the proposed change involve a 

significant reduction in a margin of safety? 

Response: No. 

Sufficiently rapid insertion of control rods 

following certain accidents (scram time) will 

prevent fuel damage, and thereby maintain a 

margin of safety to fuel damage. The 

proposed changes to the TS ensure that 

adequate control rod testing continues to be 

maintained with implementation of this 

activity. The administrative changes 

proposed involving control rod scram time 

testing continue to meet analytical 

requirements and hence do not involve a 

significant reduction in the margin of safety. 


jlentini on PROD1PC65 with NOTICES
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1See 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. 

2The 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. 

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 

The proposed changes also involve the 

addition of GNF methodology, Reference 7.1, 

and the GEXL97 correlation, Attachment 4, to 

the list of analytical methods in TS 5.6.3.b 

that can be used to determine core operating 

limits. Use of the GEXL97 correlation 

analytical method provides an equivalent 

level of protection as that currently provided. 

The administrative change involving the 

GEXL97 correlation does not alter any 

method of analysis as described in the NRC 

approved versions of Reference 7.1. The 

proposed change does not modify the SLs 

[safety limits] or setpoints at which 

protective actions are initiated, and does not 

change the requirements governing operation 

or availability of safety equipment assumed 

to operate to preserve the margin of safety. 

Therefore, these proposed changes do not 

involve a significant reduction in the margin 

of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of Title 10 of the Code of 

Federal Regulations 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

Attorney for licensee: William A. 

Horin, Esq., Winston & Strawn, 1700 K 

Street, NW., Washington, DC 20006– 

3817. 

NRC Branch Chief: Michael T. 

Markley. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) and 

Safeguards Information (SGI) for 

Contention Preparation 

Energy Northwest, Docket No. 50–397, 

Columbia Generating Station, Benton 

County, Washington 

1. This order contains instructions 

regarding how potential parties to the 

proceedings listed above may request 

access to documents containing 

sensitive unclassified information 

(SUNSI and 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 

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 

hearing.docket@nrc.gov and 

ogcmailcenter.resource@nrc.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 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 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: 

Office of Administration, Security 

Processing Unit, Mail Stop T–6E46, U.S. 

Nuclear Regulatory Commission, 

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 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 


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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60731 

know than ordinarily would be applied in 

connection with an already-admitted contention. 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; 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. 

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 

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,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 nondisclosure affidavit, the relevant parties 

to the proceeding or the petitioner(s) 

should notify the presiding officer 

within ten (10) 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 ten (10) 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 § 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 ten (10) 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 7th day 

of October 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. 


jlentini on PROD1PC65 with NOTICES
60732 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

Day Event/activity 

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. 

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. 

[FR Doc. E8–24167 Filed 10–10–08; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 12a–5; OMB Control No. 3235–0079; 

SEC File No. 270–85. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the existing collection of information 

provided for in: Rule 12a–5 (Temporary 

exemption of substituted or additional 

securities) (17 CFR 240.12a–5) and Form 

26 (for notification of the admission to 

trading of a substituted or additional 

class of security under Rule 12a–5) (17 

CFR 249.26) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) (‘‘Exchange Act’’). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget 

(‘‘OMB’’) for extension and approval. 

Section 12(a) of the Exchange Act 

generally makes it unlawful for any 

security to be traded on a national 

securities exchange unless such security 

is registered on the exchange in 

accordance with the provisions of the 

Exchange Act and the rules and 

regulations thereunder. 

Rule 12a–5 (the ‘‘Rule’’) under the 

Exchange Act and Form 26 (the ‘‘Form’’) 

were adopted by the Commission in 

1936 and 1955, respectively, pursuant to 

Sections 3(a)(12), 10(b), and 23(a) of the 

Exchange Act. Subject to certain 

conditions, Rule 12a–5 affords a 

temporary exemption (generally for up 

to 120 days) from the registration 

requirements of Section 12(a) of the 

Exchange Act for a new security when 

the holders of a security admitted to 

trading on a national securities 

exchange obtain the right (by operation 

of law or otherwise) to acquire all or any 

part of a class of another or substitute 

security of the same or another issuer, 

or an additional amount of the original 

security. The purpose of the exemption 

is to avoid an interruption of exchange 

trading to afford time for the issuer of 

the new security to list and register it, 

or for the exchange to apply for unlisted 

trading privileges. 

Under paragraph (d) of Rule 12a–5, 

after an exchange has taken action to 

admit any security to trading pursuant 

to the provisions of the Rule, the 

exchange is required to file with the 

Commission a notification on Form 26. 

Form 26 provides the Commission with 

certain information regarding a security 

admitted to trading on an exchange 

pursuant to Rule 12a–5, including: (1) 

The name of the exchange, (2) the name 

of the issuer, (3) a description of the 

security, (4) the date(s) on which the 

security was or will be admitted to 

when-issued and/or regular trading, and 

(5) a brief description of the transaction 

pursuant to which the security was or 

will be issued. 

The Commission generally oversees 

the national securities exchanges. This 

mission requires that, under Section 


jlentini on PROD1PC65 with NOTICES