Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71795 

submission of an update to the 

application for which the licensing 

review has been suspended. Therefore, 

there are no significant hazards 

considerations because granting the 

proposed exemption 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. 

(ii) There is no significant change in 

the types or significant increase in the 

amounts of any effluents that may be 

released offsite; 

The proposed action involves only a 

schedule change which is 

administrative in nature, and does not 

involve any changes to be made in the 

types or significant increase in the 

amounts of effluents that may be 

released offsite. 

(iii) There is no significant increase in 

individual or cumulative public or 

occupational radiation exposure; 

Since the proposed action involves 

only a schedule change which is 

administrative in nature, it does not 

contribute to any significant increase in 

occupational or public radiation 

exposure. 

(iv) There is no significant 

construction impact; 

The proposed action involves only a 

schedule change which is 

administrative in nature; the application 

review is suspended until further 

notice, and there is no consideration of 

any construction at this time, and hence 

the proposed action does not involve 

any construction impact. 

(v) There is no significant increase in 

the potential for or consequences from 

radiological accidents; and 

The proposed action involves only a 

schedule change which is 

administrative in nature, and does not 

impact the probability or consequences 

of accidents. 

(vi) The requirements from which an 

exemption is sought involve: 

(B) Reporting requirements; 

The exemption request involves 

submitting an updated COL application 

by DEP and 

(G) Scheduling requirements; 

The proposed exemption relates to the 

schedule for submitting a COL 

application update to the NRC. 

IV. Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a), the exemption is authorized by 

law, will not present an undue risk to 

the public health and safety, and is 

consistent with the common defense 

and security. Also special circumstances 

are present. Therefore, the Commission 

hereby grants DEP a one-time exemption 

from the requirements of 10 CFR part 

50, Appendix E, Section I.5 pertaining 

to the Harris Units 2 and 3 COL 

application to allow submittal of the 

revised COL application that complies 

with the enhancements to the EP rules 

prior to any request to the NRC to 

resume the review, and in any event, no 

later than December 31, 2015. 

Pursuant to 10 CFR 51.22, the 

Commission has determined that the 

exemption request meets the applicable 

categorical exclusion criteria set forth in 

10 CFR 51.22(c)(25), and the granting of 

this exemption will not have a 

significant effect on the quality of the 

human environment. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 25 day 

of November 2014. 

For The Nuclear Regulatory Commission. 

Frank Akstulewicz, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2014–28458 Filed 12–2–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–0036; NRC–2012–0054] 

Westinghouse Electric Company, LLC; 

Decommissioning Project, Hematite, 

Missouri 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

request for exemption; opportunity to 

request a hearing and to petition for 

leave to intervene; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has received an 

application from Westinghouse Electric 

Company, LLC dated July 11, 2014, and 

subsequently modified by submittal 

dated September 25, 2014, for 

amendment of the Hematite Fuel Cycle 

Facility license (License No. SNM–33), 

which authorizes decommissioning of 

the facility. The amendment would 

allow disposal of an additional 87,100 

m3 (cubic meters) of debris and 

contaminated soil, concrete and asphalt, 

filter media, ion exchange resin and 

piping containing NRC-licensed source, 

byproduct and special nuclear material 

at U.S. Ecology Idaho, Inc. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by February 2, 2015. Any potential 

party as defined in § 2.4 of Title 10 of 

the Code of Federal Regulations (10 

CFR) who believes access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) and/or Safeguards 

Information (SGI) is necessary to 

respond to this notice must request 

document access by December 15, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0054 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0054. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• 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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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. 

FOR FURTHER INFORMATION CONTACT: John 

J. Hayes, Office of Nuclear Materials and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–5928; email: 

John.Hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC has received a license 

amendment application from 

Westinghouse Electric Company, LLC 

(WEC or the licensee), dated July 11, 

2014 (ADAMS Accession No. 

ML14193A008). The licensee holds NRC 

License No. SNM–33 and is authorized 

to conduct decommissioning activities 

at the facility. The licensee requests 

NRC authorization under 10 CFR 


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20.2002 for alternate disposal of an 

additional 87,100 m3 (cubic meters) of 

buried debris and contaminated soil, 

concrete and asphalt, filter media, ion 

exchange resin and piping containing 

NRC-licensed source, byproduct and 

special nuclear material. The 

amendment requests authorization for 

WEC to transfer decommissioning waste 

from the facility to U.S. Ecology Idaho, 

Inc. (USEI), a Resource Conservation 

and Recovery Act Subtitle C disposal 

facility, located near Grand View, Idaho. 

The USEI facility is regulated by the 

Idaho Department of Environmental 

Quality and is not an NRC-licensed 

facility. 

An NRC administrative review, 

documented in a letter to WEC dated 

August 29, 2014 (ADAMS Accession 

No. ML14188B647), found the 

application acceptable to begin a 

technical review. On September 25, 

2014, Westinghouse submitted a 

revision (ADAMS Accession No. 

ML14293A614) to their July 11, 2014, 

request. If the NRC approves the 

amendment, the approval will be 

documented in an amendment to NRC 

License No. SNM–33. However, before 

approving the proposed amendment, the 

NRC will need to make the findings 

required by the Atomic Energy Act of 

1954, as amended, and the NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report and an Environmental 

Assessment. 

ll. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject facility operating license or 

combined license. Requests for hearing 

and petitions for leave to intervene shall 

be filed under 10 CFR part 2, ‘‘Agency 

Rules of Practice and Procedure.’’ 

Interested person(s) should consult a 

current copy of 10 CFR 2.309, ‘‘Hearing 

requests, petitions to intervene, 

requirements for standing, and 

contentions,’’ which is available at the 

NRC’s PDR, located at One White Flint 

North, Room O1–F21, 11555 Rockville 

Pike (first floor), Rockville, Maryland, 

20852. The NRC’s regulations are 

accessible electronically from the NRC 

Library on the NRC’s Web site at http:// 

www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing 

or petition for leave to intervene is filed 

within 60 days, the Commission or a 

presiding officer designated by the 

Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel, will 

rule on the request and/or petition; and 

the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

should specifically explain the reasons 

why intervention should be permitted 

with particular reference to the 

following general requirements: (1) The 

name, address, and telephone number of 

the requestor or petitioner; (2) the 

nature of the requestor’s/petitioner’s 

right under the Act to be made a party 

to the proceeding; (3) the nature and 

extent of the requestor’s/petitioner’s 

property, financial, or other interest in 

the proceeding; and (4) the possible 

effect of any decision or order which 

may be entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

petition must also set forth the specific 

contentions that the requestor/petitioner 

seeks to have litigated at the proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the requestor/petitioner shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the requestor/petitioner 

intends to rely in proving the contention 

at the hearing. The requestor/petitioner 

must also provide references to those 

specific sources and documents of 

which the petitioner is aware and on 

which the requestor/petitioner intends 

to rely to establish those facts or expert 

opinion. The petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the requestor/

petitioner to relief. A requestor/

petitioner who fails to satisfy these 

requirements with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

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. 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). 

A State, local governmental body, 

Federally-recognized Indian tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). 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 February 2, 2015. The 

petition must be filed in accordance 

with the filing instructions in the 

‘‘Electronic Submissions (E-Filing)’’ 

section of this document, and should 

meet the requirements for petitions for 

leave to intervene set forth in this 

section, except that under § 2.309(h)(2) 

a State, local governmental body, or 

Federally-recognized Indian tribe, or 

agency thereof does not need to address 

the standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. A State, local 

governmental body, Federallyrecognized Indian Tribe, or agency 

thereof may also have the opportunity to 

participate under 10 CFR 2.315(c). 

If a hearing is granted, any person 

who does not wish, or is not qualified, 

to become a party to the proceeding 

may, in the discretion of the presiding 

officer, be permitted 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 the limits and 

conditions as may be imposed by the 

presiding officer. Persons desiring to 

make a limited appearance are 

requested to inform the Secretary of the 

Commission by February 2, 2015. 


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III. 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 

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 EFiling 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 

Hearing.Docket@nrc.gov, 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 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’s public Web site at http://

www.nrc.gov/site-help/e-submittals/

getting-started.html. System 

requirements for accessing the ESubmittal server are detailed in the 

NRC’s ‘‘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’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, Webbased 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 Webbased 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/esubmittals.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’s public Web site 

at http://www.nrc.gov/site-help/esubmittals.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 NRC’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 public Web site at http://

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resrouce@nrc.gov or by a tollfree 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 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’s 

electronic hearing docket which is 

available to the public at http://

ehd1.nrc.gov/ehd/, unless excluded 

under 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. 

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 


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1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s E-Filing Rule,’’ the 

initial request to access SUNSI and/or SGI under 

these procedures should be submitted as described 

in this paragraph. 

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 email 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 Managements adjustable billing 

rates. 

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 email 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); 

(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; and 

(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’s Office of Administration at 

301–415–7000.3

(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 630–829– 

9565, or by email 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), as well 

as Section 149 of the Atomic Energy Act 

of 1954, as amended, 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 $238.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(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 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: U.S. Nuclear Regulatory 

Commission, ATTN: Personnel Security 

Branch, Mail Stop TWFN–03–B46M, 11555 

Rockville Pike, Rockville, MD 20852. 

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. 

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: 


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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71799 

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’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/SGI request 

submitted to the NRC staff under these procedures. 

(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 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI.5

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, 

‘‘Interlocutory review of rulings on 

requests for hearings/petitions to 

intervene, selection of hearing 

procedures, and requests by potential 

parties for access to sensitive 

unclassified non-safeguards information 

and safeguards information.’’ 

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. The attachment 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 24th day 

of November, 2014. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 


tkelley on DSK3SPTVN1PROD with NOTICES
71800 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

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

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards 

Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing 

the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including 

application fee for fingerprint/background check. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 

20 ...................... U.S. 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,’’ 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/Intervenor reply to answers. 

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

[FR Doc. 2014–28421 Filed 12–2–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–133; NRC–2014–0225] 

Pacific Gas and Electric Company, 

Humboldt Bay Power Plant, Unit 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption from certain emergency 

planning requirements in response to an 

August 14, 2012, request from the 

Pacific Gas and Electric Company. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0225 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0225. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• 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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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. 


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