[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52781-52786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21345]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-338 and 50-339, Docket Nos. 50-280 and 50-281; NRC-
2010-0283]


Virginia Electric and Power Company, North Anna Power Station, 
Unit Nos. 1 and 2, Surry Power Station, Unit Nos. 1 and 2; Notice of 
Consideration of Issuance of Amendment to Facility Operating License, 
Proposed No Significant Hazards Consideration Determination, and 
Opportunity for a Hearing and Order Imposing Procedures for Document 
Access to Sensitive Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request, opportunity to comment, 
opportunity to request a hearing, and Commission order.

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DATES: Submit comments by: September 27, 2010. A request for a hearing 
must be filed by October 26, 2010. Any potential party as defined in 10 
CFR 2.4 who believes access to Sensitive Unclassified Non-Safeguards 
Information is necessary to respond to this notice must request 
document access by September 7, 2010.

ADDRESSES: Please include Docket ID NRC-2010-0283 in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site http://www.regulations.gov. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You may submit comments by any one of the following methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0283. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#8ecdeffce1e2a0c9efe2e2efe9e6ebfccee0fceda0e9e1f8"><span class="__cf_email__" data-cfemail="8bc8eaf9e4e7a5cceae7e7eaece3eef9cbe5f9e8a5ece4fd">[email protected]</span></a>.
    Mail comments to: Chief, Rules, Announcements and Directives Branch 
(RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by fax to RADB at 
301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine, and have 
copied for a fee, publicly available documents at the NRC's PDR, Room 
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. These documents may also be viewed electronically on 
the public computers located at the NRC's PDR at 11555 Rockville Pike, 
Rockville, Maryland 20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#473723356935223428323524220729352469202831"><span class="__cf_email__" data-cfemail="9bebffe9b5e9fee8f4eee9f8fedbf5e9f8b5fcf4ed">[email protected]</span></a>. The applications for amendments, dated May 6 and 
February 10, 2010, are available electronically under ADAMS Accession 
No. ML101260517 and ML100470738.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0283.

FOR FURTHER INFORMATION CONTACT: Karen Cotton, Project Manager, Plant 
Licensing Branch 2-1, Division of Operating Reactor Licensing, Office 
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: 301-415-1438; fax number: 301-415-
1222; e-mail: <a href="/cdn-cgi/l/email-protection#5f143e2d3a31711c302b2b30311f312d3c71383029"><span class="__cf_email__" data-cfemail="e4af8596818acaa78b90908b8aa48a9687ca838b92">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
NPF-4, NPF-7, DPR-32, and DPR-37 issued to Virginia Electric and Power 
Company (the licensee) for operation of the North Anna Power Station, 
Unit Nos. 1 and 2 (NAPS), located in Louisa County, Virginia, and Surry 
Power Station, Unit Nos. 1 and 2 (Surry), located in Surry County, 
Virginia, respectively. The

[[Page 52782]]

bracketed information is specific to NAPS.
    The proposed amendments would add Optimized ZIRLO as an acceptable 
fuel rod cladding material and in addition, propose adding the 
Westinghouse topical report for Optimized ZIRLO to the analytical 
methods used to determine the core operating limits listed in the 
Technical Specifications (TSs).
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 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. 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 proposed Technical Specifications changes are to add 
Optimized ZIRLO to the allowable or approved cladding materials to 
be used at [NAPS and] Surry Units 1 and 2 {Surry{time} . The 
proposed change of adding a cladding material does not result in an 
increase to the probability or consequences of an accident 
previously evaluated. Technical Specification [4.2.1 for NAPS and] 
5.2.1 {for Surry{time}  addresses the fuel assembly design, and 
currently specifies that ``Each assembly shall consist of a matrix 
of Zircaloy or ZIRLO fuel rods * * *''. The proposed change will add 
Optimized ZIRLO to the approved fuel rod cladding materials listed 
in this Technical Specification. In addition, a reference to the 
topical report for Optimized ZIRLO, WCAP-12610-P-A and CENPD-404-P-
A, Addendum 1-A, will be included in the listing of approved methods 
used to determine the core operating limits for [NAPS given in TS 
5.6.5 and] Surry Units 1 and 2 given in Technical Specification 
6.2.C.
    Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A, 
Addendum 1-A, ``Optimized ZIRLO,'' provides the details and results 
of material testing of Optimized ZIRLO compared to standard ZIRLO, 
as well as the material properties to be used in various models and 
methodologies when analyzing Optimized ZIRLO. As the nuclear 
industry pursues longer operating cycles with increased fuel 
discharge burnup and fuel duty, the corrosion performance 
requirements for the nuclear fuel cladding become more demanding. 
Optimized ZIRLO was developed to meet these industry needs by 
providing a reduced corrosion rate while maintaining the composition 
and physical properties, such as mechanical strength, similar to 
standard ZIRLO. In addition, margin to the fuel rod design criterion 
on fuel rod internal pressure has been impacted by increased fuel 
duty, use of integral fuel burnable absorbers, and corrosion/
temperature feedback effects. Reducing the associated corrosion 
buildup reduces temperature feedback effects, providing additional 
margin to the fuel rod internal pressure design criterion. The fuel 
will continue to satisfy the pertinent design basis operating 
limits, so cladding integrity is maintained. There are no changes 
that will adversely affect the ability of existing components and 
systems to mitigate the consequences of any accident. Addition of 
Optimized ZIRLO to the allowable cladding materials for [NAPS and] 
Surry Units 1 and 2 therefore does not result in an increase to the 
probability or consequences of an accident previously evaluated.
    The NRC has allowed use of Optimized ZIRLO fuel cladding 
material in Westinghouse fueled reactors provided that licensees 
ensure compliance with the Conditions and Limitations set forth in 
the NRC Safety Evaluation for the topical report. Confirmation that 
these Conditions are satisfied is performed under 10 CFR 50.59 as 
part of the normal core reload process.
    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 Technical Specifications change adds Optimized 
ZIRLO to the approved fuel rod cladding materials that may be used 
at [NAPS and] Surry Units 1 and 2. Optimized ZIRLO was developed to 
provide a reduced cladding corrosion rate while maintaining the 
benefits of mechanical strength and resistance to accelerated 
corrosion from potential abnormal chemistry conditions. The fuel rod 
design bases are established to satisfy the general and specific 
safety criteria addressed in the [NAPS UFSAR, Chapter 15 (Accident 
Analysis) and] Surry Units 1 and 2 UFSAR, Chapter 14 (Safety 
Analysis). The fuel rods are designed to prevent excessive fuel 
temperatures, excessive fuel rod internal gas pressures due to 
fission gas releases, and excessive cladding stresses and strains. 
Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A, 
Addendum 1-A, ``Optimized ZIRLO,'' provides the details and results 
of material testing of Optimized ZIRLO compared to standard ZIRLO, 
as well as the material properties to be used in various models and 
methodologies when analyzing Optimized ZIRLO. The original fuel 
design basis requirements have been maintained. No new single 
failure mechanisms will be created, and there are no alterations to 
plant equipment or procedures that would introduce any new or unique 
operational modes or accident precursors.
    Addition of Optimized ZIRLO as another approved cladding 
material of similar composition and properties as the current 
approved cladding materials to the [NAPS and] Surry Units 1 and 2 
Technical Specifications therefore does not create the possibility 
of a new or different kind of accident or malfunction from those 
previously evaluated within the UFSAR.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The cladding materials used for fuel rods are designed and 
tested to prevent excessive fuel temperatures, excessive fuel rod 
internal gas pressures due to fission gas releases, and excessive 
cladding stresses and strains. Optimized ZIRLO was developed to meet 
these needs while providing a reduced cladding corrosion rate and 
maintaining the benefits of mechanical strength and resistance to 
accelerated corrosion from potential abnormal chemistry conditions. 
Reducing the associated corrosion buildup reduces temperature 
feedback effects, providing additional margin to the fuel rod 
internal pressure design criterion. Westinghouse topical report 
WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A, ``Optimized ZIRLO,'' 
provides the details and results of material testing of Optimized 
ZIRLO compared to standard ZIRLO, as well as the material properties 
to be used in various models and methodologies when analyzing 
Optimized ZIRLO. The NRC has allowed use of the Optimized ZIRLO fuel 
cladding material as detailed in their Safety Evaluation of this 
topical report. The original fuel design basis requirements have 
been maintained, and evaluations will be performed under 10 CFR 
50.59 for each reload cycle that incorporates Optimized ZIRLO 
cladding to confirm that design and safety limits are satisfied. 
Therefore inclusion of Optimized ZIRLO as an additional fuel rod 
cladding material for [NAPS and] Surry Units 1 and 2 does not result 
in a reduction in margin required to preclude or reduce the effects 
of an accident or malfunction previously evaluated in the UFSAR.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by September 27, 2010 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed under the ADDRESSES caption.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The

[[Page 52783]]

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.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to 
intervene, requirements for standing, and contentions.'' Interested 
persons should consult 10 CFR Part 2, Section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1 F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at 800-397-4209 or 301-415-4737). NRC regulations are also accessible 
electronically from the NRC's Electronic Reading Room on the NRC Web 
site at http://www.nrc.gov.

III. Petitions for Leave To Intervene

    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 petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the requestor/petitioner in the proceeding and how that 
interest may be affected by the results of the proceeding. The petition 
must provide the name, address, and telephone number of the requestor 
or petitioner and specifically explain the reasons why the intervention 
should be permitted with particular reference to the following factors: 
(1) The nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (2) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (3) 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 identify the specific contentions 
which the requestor/petitioner seeks to have litigated at the 
proceeding.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the requestor/petitioner must provide a 
specific statement of the issue of law or fact to be raised or 
controverted, as well as a brief explanation of the basis for the 
contention. Additionally, the requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings the NRC must make to support 
the granting of a license amendment in response to the application. The 
petition must include a concise statement of the alleged facts or 
expert opinions which support the position of the requestor/petitioner 
and on which the requestor/petitioner intends to rely at hearing, 
together with references to the specific sources and documents on which 
the requestor/petitioner intends to rely. Finally, the petition must 
provide sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact, including 
references to specific portions of the application for amendment that 
the requestor/petitioner disputes and the supporting reasons for each 
dispute, or, if the requestor/petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's/petitioner's belief. Each contention must 
be one which, if proven, would entitle the requestor/petitioner to 
relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally recognized Indian Tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
October 26, 2010. The petition must be filed in accordance with the 
filing instructions in section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that State and Federally recognized Indian tribes do 
not need to address the standing requirements in 10 CFR 2.309(d)(1) if 
the facility is located within its boundaries. The entities listed 
above could also seek to participate in a hearing as a nonparty 
pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board. Persons desiring 
to make a limited appearance are requested to inform the Secretary of 
the Commission by October 26, 2010.
    If a hearing is requested, 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.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a

[[Page 52784]]

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 (72 FR 49139, 
August 28, 2007). 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 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#d9b1bcb8abb0b7bef7bdb6bab2bcad99b7abbaf7beb6af"><span class="__cf_email__" data-cfemail="543c3135263d3a337a303b373f3120143a26377a333b22">[email protected]</span></a>, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#a9e4fae1ed87fbccdac6dcdbcacce9c7dbca87cec6df"><span class="__cf_email__" data-cfemail="f1bca2b9b5dfa394829e84839294b19f8392df969e87">[email protected]</span></a>, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file 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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from August 27, 2010. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    Attorney for licensee: Lillian M. Cuoco, Esq., Senior Counsel, 
Dominion Resources Services, Inc., 120 Tredegar St., RS-2, Richmond, VA 
23219.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).

[[Page 52785]]

    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="450d2024372c2b226b012a262e2031052b37266b222a33">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#2a656d69474b4346494f445e4f586a445849044d455c"><span class="__cf_email__" data-cfemail="a7e8e0e4cac6cecbc4c2c9d3c2d5e7c9d5c489c0c8d1">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ 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 under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requester has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR Part 2. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.

    It Is So Ordered.

    Dated at Rockville, Maryland, this 23rd day of August 2010.
    For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information in This Proceeding

------------------------------------------------------------------------
          Day                             Event/activity
------------------------------------------------------------------------
0......................  Publication of Federal Register notice of
                          hearing and opportunity to petition for leave
                          to intervene, including order with
                          instructions for access requests.

[[Page 52786]]

 
10.....................  Deadline for submitting requests for access to
                          Sensitive Unclassified Non-Safeguards
                          Information (SUNSI) with information:
                          supporting the standing of a potential party
                          identified by name and address; describing the
                          need for the information in order for the
                          potential party to participate meaningfully in
                          an adjudicatory proceeding.
60.....................  Deadline for submitting petition for
                          intervention containing: (i) Demonstration of
                          standing; (ii) all contentions whose
                          formulation does not require access to SUNSI
                          (+25 Answers to petition for intervention; +7
                          requestor/petitioner reply).
20.....................  Nuclear Regulatory Commission (NRC) staff
                          informs the requestor of the staff's
                          determination whether the request for access
                          provides a reasonable basis to believe
                          standing can be established and shows need for
                          SUNSI. (NRC staff also informs any party to
                          the proceeding whose interest independent of
                          the proceeding would be harmed by the release
                          of the information.) If NRC staff makes the
                          finding of need for SUNSI and likelihood of
                          standing, NRC staff begins document processing
                          (preparation of redactions or review of
                          redacted documents).
25.....................  If NRC staff finds no ``need'' or no likelihood
                          of standing, the deadline for requestor/
                          petitioner to file a motion seeking a ruling
                          to reverse the NRC staff's denial of access;
                          NRC staff files copy of access determination
                          with the presiding officer (or Chief
                          Administrative Judge or other designated
                          officer, as appropriate). If NRC staff finds
                          ``need'' for SUNSI, the deadline for any party
                          to the proceeding whose interest independent
                          of the proceeding would be harmed by the
                          release of the information to file a motion
                          seeking a ruling to reverse the NRC staff's
                          grant of access.
30.....................  Deadline for NRC staff reply to motions to
                          reverse NRC staff determination(s).
40.....................  (Receipt +30) If NRC staff finds standing and
                          need for SUNSI, deadline for NRC staff to
                          complete information processing and file
                          motion for Protective Order and draft Non-
                          Disclosure Affidavit. Deadline for applicant/
                          licensee to file Non-Disclosure Agreement for
                          SUNSI.
A......................  If access granted: Issuance of presiding
                          officer or other designated officer decision
                          on motion for protective order for access to
                          sensitive information (including schedule for
                          providing access and submission of
                          contentions) or decision reversing a final
                          adverse determination by the NRC staff.
A + 3..................  Deadline for filing executed Non-Disclosure
                          Affidavits. Access provided to SUNSI
                          consistent with decision issuing the
                          protective order.
A + 28.................  Deadline for submission of contentions whose
                          development depends upon access to SUNSI.
                          However, if more than 25 days remain between
                          the petitioner's receipt of (or access to) the
                          information and the deadline for filing all
                          other contentions (as established in the
                          notice of hearing or opportunity for hearing),
                          the petitioner may file its SUNSI contentions
                          by that later deadline.
A + 53.................  (Contention receipt +25) Answers to contentions
                          whose development depends upon access to
                          SUNSI.
A + 60.................  (Answer receipt +7) Petitioner/Intervenor reply
                          to answers.
>A + 60................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2010-21345 Filed 8-26-10; 8:45 am]
BILLING CODE 7590-01-P


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