[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Pages 63951-63956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25488]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-244; NRC-2014-0229]


Exelon Generation Company, LLC., R.E. Ginna Nuclear Power Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Facility Operating License No. DPR-18, 
issued to Exelon Generation Company, (the licensee) LLC., for operation 
of the R.E. Ginna Nuclear Power Plant (Ginna) located in Wayne County, 
New York.

DATES: Submit comments by November 26, 2014. Requests for a hearing or 
petition for leave to intervene must be filed by December 26, 2014. Any 
potential party as defined in Sec.  2.4 of Title 10 of the Code of 
Federal Regulations (10 CFR), who believes access to Sensitive 
Unclassified Non-Safeguards Information (SUNSI) is necessary to respond 
to this notice must request document access by November 6, 2014.

ADDRESSES: You may submit comment by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0229. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#27644655484b0960464b4b46404f42556749554409404851"><span class="__cf_email__" data-cfemail="3c7f5d4e5350127b5d50505d5b54594e7c524e5f125b534a">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: 3WFN, 06-A44M, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mohan C. Thadani, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1476; email: <a href="/cdn-cgi/l/email-protection#7f3210171e11512b171e1b1e11163f110d1c51181009"><span class="__cf_email__" data-cfemail="337e5c5b525d1d675b5257525d5a735d41501d545c45">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 63952]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0229 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID: NRC-2014-0229.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#39495d4b174b5c4a564c4b5a5c79574b5a175e564f"><span class="__cf_email__" data-cfemail="f8889c8ad68a9d8b978d8a9b9db8968a9bd69f978e">[email protected]</span></a>. The 
Ginna ``Application for Preemption Authority Pursuant to Section 161A 
of the Atomic Energy Act and License Amendment Request'' dated August 
13, 2013, and its supplement, ``Response to Request for Additional 
Information Concerning Preemption Authority,'' dated May 14, 2014, are 
available in ADAMS under Accession Nos. ML13228A265 and ML14139A342.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 20852.

B. Submitting Comments

    Please include Docket ID NRC-2014-0229 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Facility 
Operating License No. DPR-18 issued to Exelon Generation Company, LLC., 
for operation of the R.E. Ginna Nuclear Power Plant located in Wayne 
County, New York. The proposed amendment would modify the R.E. Ginna 
Nuclear Power Plant facility operating license, in accordance with 10 
CFR 50.90 and as required under Order EA-13-092. The amendment would 
also modify the license to reflect a grant of Section 161A of the 
Atomic Energy Act of 1954, as amended (the Act), to permit the 
licensee's security personnel to possess and use weapons, devices, 
ammunition, or other firearms, notwithstanding state, local, and 
certain federal firearms laws that may prohibit such use. The NRC 
refers to this authority as ``stand-alone preemption authority.'' The 
licensee is seeking stand-alone preemption authority for standard 
weapons presently in use at the Ginna facility in accordance with the 
Ginna security plans.
    This amendment request contains SUNSI.
    The NRC has made a proposed determination that the amendment 
request involves 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. 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:

Criterion 1: Does the proposed change involve a significant 
increase in the probability or consequences of an accident 
previously evaluated?

    Response: No.
    The proposed change does not require any plant modifications, 
alter the plant configuration, require new plant equipment to be 
installed, alter accident analysis assumptions, add any initiators, 
or affect the function of plant systems or the manner in which 
systems are operated, maintained, modified, tested, or inspected.
    The proposed change to the license will not result in any actual 
changes at the facility. The security personnel already use the 
subject weapons and the use of the weapons is already covered under 
their existing security plans.
    The proposed change adds a sentence to the operating license to 
reflect the Section 161A preemption authority granted by the 
Commission. The change is administrative and has no impact on the 
probability or consequences of an accident previously evaluated. 
Therefore, it is concluded that this change does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.

Criterion 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 change does not require any plant modifications, 
alter the plant configuration, require new plant equipment to be 
installed, alter accident analysis assumptions, add any [accident] 
initiators, or affect the function of plant systems or the manner in 
which systems are operated, maintained, modified, tested, or 
inspected.
    The proposed change to the license will not result in any actual 
changes at the facility. The security personnel already use the 
subject weapons and the use of the weapons is already covered under 
their existing security plans.
    The proposed change adds a sentence to the operating license to 
reflect the Section 161A preemption authority granted by the 
Commission. The change is administrative and has no impact on the 
possibility of a new or different kind of accident from any accident 
previously evaluated. Therefore, it is concluded that this change 
does not create the possibility of a new or different kind of 
accident from any accident previously evaluated.

Criterion 3: Does the proposed change involve a significant 
reduction in a margin of safety?

    Response: No.
    The proposed change does not require any plant modifications, 
alter the plant configuration, require new plant equipment to be 
installed, alter accident analysis assumptions, add any initiators, 
or affect the function of plant systems or the manner in which 
systems are operated, maintained, modified, tested, or inspected. 
Therefore, the implementation of the proposed change does not 
involve a significant reduction in a margin of safety.
    The proposed change to the license will not result in any actual 
changes at the facility. The security personnel already use the 
subject weapons and the use of the weapons is already covered under 
their existing security plans.
    The proposed change to the license condition in the operating 
license adds a sentence to the existing license condition for 
physical protection to reflect the Section 161A preemption authority 
granted by the Commission. The change is administrative and does not 
involve a significant reduction

[[Page 63953]]

in a margin of safety. Therefore, the proposed change to the license 
condition and the Commission granting the requested Section 161A 
preemption authority does not create a significant reduction in a 
margin of safety.

    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 NRC is seeking public comments on this proposed determination 
that the license amendment request involves No Significant Hazards 
Consideration. 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.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, any person whose interest may be affected by this 
proceeding and who desires to participate as a party in the proceeding 
must file a written request for hearing or a petition for leave to 
intervene specifying the contentions which the person seeks to have 
litigated in the hearing with respect to the license amendment request. 
Requests for hearing and petitions for leave to intervene shall be 
filed in accordance with the NRC's ``Agency Rules of Practice and 
Procedure'' in 10 CFR Part 2. Interested person(s) should consult a 
current copy of 10 CFR 2.309, which is available at the NRC's PDR. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    As required by 10 CFR 2.309, a request for hearing or petition for 
leave to intervene must 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 hearing request or petition must 
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 hearing request or petition must also include the 
specific contentions that the requestor/petitioner seeks to have 
litigated at the proceeding.
    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 that the NRC must make to 
support the granting of a license amendment in response to the 
application. The hearing request or petition must also include a 
concise statement of the alleged facts or expert opinion that support 
the contention and on which the requestor/petitioner intends to rely at 
the hearing, together with references to those specific sources and 
documents. The hearing request or 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 petitioner disputes 
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain 
information on a relevant matter as required by law, the requestor/
petitioner must identify 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. A 
requestor/petitioner who does not satisfy these requirements for 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 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 the NRC's regulations, policies, and procedures. The 
Atomic Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Hearing requests or petitions for leave to intervene must be filed 
no later than 60 days from the date of publication of this notice. 
Requests for hearing, petitions for leave to intervene, and motions for 
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    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, then any hearing 
held would take place before the issuance of any amendment unless the 
Commission finds an imminent danger to the health or safety of the 
public, in which case it will issue an appropriate order or rule under 
10 CFR Part 2.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating

[[Page 63954]]

under 10 CFR 2.315(c), must be filed in accordance with the NRC's 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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#58303d392a31363f763c373b333d2c18362a3b763f372e"><span class="__cf_email__" data-cfemail="0d65686c7f64636a2369626e6668794d637f6e236a627b">[email protected]</span></a>, or by 
telephone at 301-415-1677, to request (1) a digital identification (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/getting-started.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 the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
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 the NRC's guidance 
available on the NRC's 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
<a href="/cdn-cgi/l/email-protection#59140a111d770b3c2a362c2b3a3c19372b3a773e362f"><span class="__cf_email__" data-cfemail="8ac7d9c2cea4d8eff9e5fff8e9efcae4f8e9a4ede5fc">[email protected]</span></a>, or by a toll-free call at 1-866-672-7640. 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://ehd1.nrc.gov/ehd/, 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. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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 action, see the 
application for license amendment dated August 14, 2013, as 
supplemented on May 14, 2014. Publicly-available versions are available 
in ADAMS under Accession Nos. ML13228A265 and ML14139A342, 
respectively.
    Attorney for licensee: Gautam Sen, Senior Counsel, Exelon 
Generation Company, LLC., 100 Constellation Way, Suite 200C, Baltimore, 
Maryland 21202.
    NRC Branch Chief: Benjamin G. Beasley.

Exelon Generation Company, LLC., Docket No. 50-244, R.E. Ginna Nuclear 
Power Plant, Wayne County, New York

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

[[Page 63955]]

proceeding may request access to documents containing SUNSI.
    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 of this notice 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 email 
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="044c6165766d6a632a406b676f6170446a76672a636b72">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#9ad5ddd9f7fbf3f6f9fff4eeffe8daf4e8f9b4fdf5ec"><span class="__cf_email__" data-cfemail="f9b6beba949890959a9c978d9c8bb9978b9ad79e968f">[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 requester'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 requestor 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.
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    \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.
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    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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and need for access, 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) officer if that officer has been 
designated to rule on information access issues.
    H. Review of Grants of Access. 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 with the Chief Administrative Judge 
within five 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\ Requesters 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.
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    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 21st day of October, 2014.

    For the Nuclear Regulatory Commission.
Richard J. Laufer,
Acting, Secretary of the Commission.

[[Page 63956]]



   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.
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; and (ii)
                                    all contentions whose formulation
                                    does not require access to SUNSI
                                    (+25 Answers to petition for
                                    intervention; +7 petitioner/
                                    requestor reply).
20...............................  U.S. Nuclear Regulatory Commission
                                    (NRC) staff informs the requester of
                                    the staff's determination whether
                                    the request for access provides a
                                    reasonable basis to believe standing
                                    can be established and shows 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 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.
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. 2014-25488 Filed 10-24-14; 8:45 am]
BILLING CODE 7590-01-P


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