68624 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 

APPENDIX—Continued 

TAA petitions instituted between 10/18/10 and 10/22/10 

TA–W Subject Firm 

(Petitioners) Location Date of institution 

Date of 

petition 

74736 ............. Universal Lighting Technologies, Inc. (Union) ....................... Lincoln Park, NJ .................... 10/18/10 10/14/10 

74737 ............. Qantas Airways Limited (Company) ...................................... Tucson, AZ ............................ 10/18/10 09/22/10 

74738 ............. Bombardier Mass Transit Corporation (State/One-Stop) ....... Bath, NY ................................ 10/19/10 10/15/10 

74739 ............. Chapman Data Services (Company) ..................................... Dallas, TX .............................. 10/19/10 10/08/10 

74740 ............. Bekaert Corporation (Company) ............................................ Vista, CA ................................ 10/19/10 10/14/10 

74741 ............. Seneca Foods Corporation (Company) ................................. Buhl, ID .................................. 10/19/10 09/10/10 

74742 ............. Norske Skog USA, Inc. (State/One-Stop) .............................. Southport, CT ........................ 10/19/10 10/15/10 

74743 ............. Sensata Technologies, Inc. (Workers) ................................... Attleboro, MA ......................... 10/19/10 10/15/10 

74744 ............. Trane Company (Union) ......................................................... Fort Smith, AR ....................... 10/19/10 10/15/10 

74745 ............. CDG Datagraphics Bellevue Campus of CDG (State/OneStop).Bellevue, WA ......................... 10/19/10 10/15/10 

74746 ............. Adrenaline Sporting Goods, LLC (State/One-Stop) ............... Sherwood, OR ....................... 10/19/10 10/04/10 

74747 ............. F. J. Folz Company (Workers) ............................................... Evansville, IN ......................... 10/19/10 10/15/10 

74748 ............. Appalachian Katahdin (Workers) ........................................... Patten, ME ............................. 10/19/10 09/29/10 

74749 ............. Alorica (Workers) .................................................................... Manhattan , KS ...................... 10/19/10 10/06/10 

74750 ............. HomEq Servicing (Workers) ................................................... Raleigh, NC ........................... 10/19/10 10/11/10 

74751 ............. Eaton Corporation (Union) ..................................................... Auburn, IN .............................. 10/19/10 10/06/10 

74752 ............. Morse Automotive Corporation (Company) ........................... Chicago, IL ............................. 10/20/10 10/18/10 

74753 ............. Hewlett Packard (State/One-Stop) ......................................... Roseville, CA ......................... 10/20/10 10/06/10 

74754 ............. Rag & Bone Industries, LLC (Workers) ................................. New York, NY ........................ 10/20/10 10/15/10 

74755 ............. Oak Level Finishing & Repair (Company) ............................. Martinsville, VA ...................... 10/20/10 09/25/10 

74756 ............. Fort McDowell Yavapai Materials (Company) ....................... Fountain Hills, AZ .................. 10/20/10 09/27/10 

74757 ............. E.A. Quirin Machine Shop, Inc. (Workers) ............................. St. Clair, PA ........................... 10/20/10 10/18/10 

74758 ............. IMI Cornelius, Inc. (Company) ............................................... Mason City, IA ....................... 10/20/10 10/18/10 

74759 ............. Del Monte Foods (Company) ................................................. Terminal Island, CA ............... 10/20/10 09/27/10 

74760 ............. Eagle Industries, LLC (Company) .......................................... Bowling Green, KY ................ 10/20/10 10/15/10 

74761 ............. Miller Curtain Co., Inc. (Workers) .......................................... San Antonio, TX .................... 10/20/10 10/14/10 

74762 ............. CR Compressors, LLC (Workers) .......................................... Hartselle, AL .......................... 10/20/10 10/01/10 

74763 ............. Sungard (State/One-Stop) ...................................................... Malvern, PA ........................... 10/22/10 10/15/10 

74764 ............. 3 Sons Manufacturing (Workers) ........................................... Hayden, ID ............................. 10/22/10 10/20/10 

74765 ............. Patriot Antenna Systems, Inc. (Company) ............................. Albion, MI ............................... 10/22/10 10/18/10 

74766 ............. Rocon Manufacturing (Workers) ............................................ Rochester, NY ....................... 10/22/10 10/12/10 

74767 ............. Wausau Daily Herald (Workers) ............................................ Wausau, WI ........................... 10/22/10 10/15/10 

74768 ............. Fortune Fashion Industries, LLC (State/One-Stop) ............... Vernon, CA ............................ 10/22/10 10/12/10 

74769 ............. Goodrich Lighting Systems (Company) ................................. Oldsmar, FL ........................... 10/22/10 10/12/10 

[FR Doc. 2010–28121 Filed 11–5–10; 8:45 am] 

BILLING CODE 4510–FN–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 52–043; NRC–2010–0215] 

PSEG Power, LLC, and PSEG Nuclear, 

LLC, Early Site Permit Application for 

the PSEG Site, Notice of Hearing, 

Opportunity to Petition for Leave To 

Intervene, and Associated Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information and Safeguards 

Information for Contention Preparation 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of hearing and 

opportunity to petition for leave to 

intervene. 

DATES: Petitions for leave to intervene 

must be filed by January 7, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Prosanta Chowdhury, Project Manager, 

EPR Projects Branch, Division of New 

Reactor Licensing, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. Telephone: 301–415–1647; e-mail: 

Prosanta.Chowdhury@nrc.gov. 

NRC Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC 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 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 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to pdr.

resource@nrc.gov . The application 

letter dated May 25, 2010, is available 

electronically under ADAMS Accession 

Number ML101480484. The application 

is also electronically available for public 

viewing at http://www.nrc.gov/reactors/ 

new-reactors/esp/pseg.html. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to the Atomic Energy Act of 

1954, as amended (the Act), 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 NRC or designated by the Atomic 

Safety and Licensing Board (Board). The 

hearing will consider the application 

dated May 25, 2010, filed by PSEG 

Power, LLC and PSEG Nuclear, LLC, 

pursuant to Subpart A of 10 CFR part 

52, for an early site permit (ESP). The 


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application, which was supplemented 

by the applicant by letters dated June 

22, 2010, July 6, 2010, July 7, 2010, and 

July 29, 2010, requests approval of an 

ESP for the PSEG Site to be located in 

Salem County, New Jersey. Notice of 

NRC’s receipt of the application was 

published in the Federal Register on 

June 18, 2010 (75 FR 34794). Notice of 

NRC’s docketing of the application was 

published in the Federal Register on 

August 13, 2010 (75 FR 49539). The 

docket number established for this 

application is 52–043. 

The PSEG Site ESP application uses 

technical information from various 

certified and proposed designs to 

develop a plant parameter envelope for 

facility characterization necessary to 

assess the suitability of the site for any 

future construction and operation of a 

nuclear power plant. 

The hearing will be conducted by a 

Board that will be designated by the 

Chief Judge of the Atomic Safety and 

Licensing Board Panel or will be 

conducted by the Commission. Notice 

as to the membership of the Board 

would be published in the Federal 

Register at a later date. The NRC staff 

will complete a detailed technical 

review of the application and will 

document its findings in a safety 

evaluation report (SER). The 

Commission will refer a copy of the 

application to the Advisory Committee 

on Reactor Safeguards (ACRS) in 

accordance with 10 CFR 52.23, ‘‘Referral 

to the ACRS,’’ and the ACRS will report 

on those portions of the application that 

concern safety. The NRC staff will also 

complete an environmental review of 

the application and will document its 

findings in an environmental impact 

statement (EIS) in accordance with the 

National Environmental Policy Act of 

1969, as amended, and the 

Commission’s regulations in 10 CFR 

Part 51. 

II. Petitions for Leave To Intervene 

Requirements for 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, § 2.309, 

which is available at the NRC PDR, 

located at O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852 (or call the PDR at 

1–800–397–4209 or 301–415–4737). 

NRC regulations are also accessible 

electronically from the NRC Electronic 

Reading Room on the NRC Web site at 

http://www.nrc.gov. 

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. 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 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

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 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 

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 an early 

site permit in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the 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 that the 

petitioner disputes and the supporting 

reasons for each dispute, or, if the 

petitioner believes that the application 

fails to contain information on a 

relevant matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. 

Those permitted to intervene become 

parties to the contested proceeding, 

subject to any limitations in the order 

granting leave to intervene. The party’s 

participation will be governed by 

applicable NRC regulations, policies, 

and procedures, and may include the 

opportunity to present the party’s legal 

and technical views, introduce 

evidence, and propose questions to be 

asked of witnesses. The Board will set 

the time and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Petitions for leave to intervene must 

be filed no later than 60 days from 

November 8, 2010. 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 

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 be submitted to the 

Commission by January 7, 2011. The 

petition must be filed in accordance 

with the filing instructions in Section III 

of this document, and should meet the 

requirements for petitions for leave to 

intervene set forth in this section, 

except that State and Federallyrecognized 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 may also seek to participate in a 

hearing as a nonparty in accordance 

with 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. 

The Board will determine when it will 

accept limited appearance statements, 

and advise the public of such 

opportunities. 

III. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

petition for leave to intervene, any 

motion or other document filed in the 

proceeding prior to the submission of a 

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 


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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 should contact the Office of 

the Secretary by e-mail at Hearing.

Docket@nrc.gov, 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 NRCissued 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 the 

NRC public Web site at http://www.nrc.

gov/site-help/e-submittals/applycertificates.html. System requirements 

for accessing the E-Submittal server are 

detailed in the NRC ‘‘Guidance for 

Electronic Submission,’’ which is 

available on the agency’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. Participants may 

attempt to use other software not listed 

on the Web site, but should note that the 

NRC 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 online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange System, 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 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 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 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 EFiling 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 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 NRC 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 email at 

MSHD.Resource@nrc.gov, or by a tollfree 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, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attention: Rulemakings 

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: 

Rulemakings 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. 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 the NRC 

electronic hearing docket, which is 

available to the public at http://ehd1.

nrc.gov/EHD/, unless excluded pursuant 

to an order of the Commission, Board, 

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. 

As noted in Section II above, petitions 

for leave to intervene must be filed no 

later than 60 days from November 8, 

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). 

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 that are listed 

below. Counsel for the applicant is 

Vincent Zabielski, 856–339–1090, 

Vincent.Zabielski@pseg.com. Counsel 

for the NRC staff in this proceeding is 

Sarah Price, 301–415–2047, Sarah.

Price@nrc.gov. 

Documents may be examined, and/or 

copied for a fee, at the NRC 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 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 also available at http://www.nrc.gov/ 

reactors/new-reactors/esp/pseg.html. 

The application is also available to local 

residents at the Penns Grove-Carneys 

Point Public Library, Penns Grove, New 

Jersey, and at the Salem Free Public 

Library, Salem, New Jersey. To search 

for documents in ADAMS using PSEG 

site application docket number 52–043, 


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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 ‘‘E Filing Rule,’’ the 

initial request to access SUNSI and/or SGI under 

these procedures should be submitted as described 

in this paragraph. 

2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, staff redaction of information from 

requested documents before their release may be 

appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and e-mail address. 

After providing this information, the requestor 

usually should be able to obtain access to the online 

form within one business day. 

4This fee is subject to change pursuant to the 

Office of Personnel Management’s adjustable billing 

rates. 

enter the term ‘‘05200043’’ in the 

‘‘Docket Number’’ field when using 

either the Web-based search (advanced 

search) engine or the ADAMS ‘‘Find’’ 

tool in Citrix. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and 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 information (including 

sensitive unclassified non-safeguards 

information (SUNSI) and safeguards 

information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 

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 or SGI is necessary to respond to 

this notice may request access to SUNSI 

or SGI. 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 or 

SGI 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 requestor shall submit a letter 

requesting permission to access SUNSI, 

SGI, or both 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 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(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) of this Order; 

(3) If the request is for SUNSI, 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; 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated in 

10 CFR 73.2, the statement must 

explain: 

(i) Specifically why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI 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 satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions,’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart G and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

electronic questionnaire for 

investigations processing (e-QIP) Web 

site, a secure Web site that is owned and 

operated by the Office of Personnel 

Management. To obtain online access to 

the form, the requestor should contact 

the NRC Office of Administration at 

301–492–3524.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

may be obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling 301–415– 

7232 or 301–492–7311, or by e-mail to 

Forms.Resource@nrc.gov. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR Part 2, 10 

CFR 73.22(b)(1), and Section 149 of the 

Act which mandates that all persons 

with access to SGI must be fingerprinted 

for an FBI identification and criminal 

history records check; 

(d) A check or money order payable 

in the amount of $200 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted, and 

(e) If the requestor or any individual 

who will have access to SGI believes 

they belong to one or more of the 

categories of individuals that are exempt 

from the criminal history records check 

and background check requirements in 

10 CFR 73.59, the requestor should also 

provide a statement identifying which 

exemption the requestor is invoking and 

explaining the requestor’s basis for 

believing that the exemption applies. 

While processing the request, the Office 

of Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the ‘‘need to 

know,’’ are still applicable. 

Note: Copies of documents and materials 

required by paragraphs C.(4)(b), (c), and (d) 

of this Order must be sent to the following 

address: Office of Administration, U.S. 

Nuclear Regulatory Commission, Personnel 


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5Any motion for Protective Order or draft NonDisclosure 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. 

6Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 

7Requestors should note that the filing 

requirements of the NRC 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/SGI request 

submitted to the NRC staff under these procedures. 

Security Branch, Mail Stop TWB–05–B32M, 

Washington, DC 20555–0001. 

These documents and materials should 

not 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 

required above. D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4) above, as applicable, 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 requestor has established a 

legitimate need for access to SUNSI or 

need to know the SGI requested. F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(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 5 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2) above, 

the Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but not be limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI 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 or SGI contentions by that later 

deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, 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) Before the Office of 

Administration makes an adverse 

determination regarding the proposed 

recipient(s) trustworthiness and 

reliability for access to SGI, the Office 

of Administration, in accordance with 

10 CFR 2.705(c)(3)(iii), must provide the 

proposed recipient(s) any records that 

were considered in the trustworthiness 

and reliability determination, including 

those required to be provided under 10 

CFR 73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. (3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI 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. 

(4) The requestor may challenge the 

NRC staff’s or Office of Administration’s 

adverse determination with respect to 

access to SGI by filing a request for 

review in accordance with 10 CFR 

2.705(c)(3)(iv). Further appeals of 

decisions under this paragraph must be 

made pursuant to 10 CFR 2.311. K. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI or SGI 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 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI 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. It is so ordered. 

Dated at Rockville, Maryland, this 1st day 

of November 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 and Safeguards 

Information in This Proceeding 


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Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 68629 

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 the 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 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 (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 to know,’’ 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. 

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 to SGI, 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 trustworthiness or reliability determination either 

before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv). 

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. 

A + 60 .......................... Decision on contention admission. 

[FR Doc. 2010–28131 Filed 11–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–020; NRC–2010–0313] 

Massachusetts Institute of Technology 

Reactor Notice of Issuance of 

Renewed Facility Operating; License 

No. R–37 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued renewed 

Facility Operating License No. R–37, 

held by the Massachusetts Institute of 

Technology (the licensee), which 

authorizes continued operation of the 

Massachusetts Institute of Technology 

Reactor (MITR–II), located in 

Cambridge, Middlesex County, 

Massachusetts. The MITR–II is a tanktype, light-water-cooled-and-moderated, 

heavy-water-reflected research reactor 

licensed to operate at a steady-state 

power level of 6 megawatts thermal 

power. Renewed Facility Operating 

License No. R–37 will expire at 

midnight 20 years from its date of 

issuance. 

The renewed license complies with 

the standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s rules 

and regulations. The Commission has 

made appropriate findings as required 

by the Act and the Commission’s 

regulations in Title 10, Chapter 1, 

‘‘Nuclear Regulatory Commission,’’ of 

the Code of Federal Regulations (10 

CFR), and sets forth those findings in 

the renewed license. The Agency 

afforded an opportunity for hearing in 

the Notice of Opportunity for Hearing 

published in the Federal Register on 

May 8, 2008, at 73 FR 26148. The NRC 

received no request for a hearing or 

petition for leave to intervene following 

the notice. 

The NRC staff prepared a safety 

evaluation report for the renewal of 

Facility Operating License No. R–37 and 

concluded, based on that evaluation, 

that the licensee can continue to operate 

the facility without endangering the 

health and safety of the public. The NRC 

staff also prepared an Environmental 

Assessment and Finding of No 

Significant Impact for license renewal, 

noticed in the Federal Register on 

October 5, 2010, at 75 FR 61220, and 

concluded that renewal of the license 

will not have a significant impact on the 

quality of the human environment. 


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