836 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

denying the amendment request would 

result in no change in current 

environmental impacts. The 

environmental impacts of the proposed 

action and the no-action alternative are 

therefore similar, and the no-action 

alternative is accordingly not further 

considered. 

Conclusion 

The NRC staff has concluded that the 

proposed action is consistent with the 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. Because 

the proposed action will not 

significantly impact the quality of the 

human environment, the NRC staff 

concludes that the proposed action is 

the preferred alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this EA to the 

Commonwealth of Puerto Rico, 

Department of Health for review on 

October 29, 2008. On December 8, 2008, 

Commonwealth of Puerto Rico, 

Department of Health responded by email. The State agreed with the 

conclusions of the EA, and otherwise 

had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’ 

2. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination;’’ 

3. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ and 

4. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities.’’ 

5. Termination request letter dated 

May 19, 2008, with the ‘‘Radiological 

Final Status Survey Report’’ 

[ML081690148] 

6. Deficiency response letter dated 

October 3, 2008 [ML082840721] 

7. E-mail dated October 17, 2008 re: 

MDC calculations [ML082940566] with 

attachment spreadsheet [ML082940570] 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I at 475 Allendale Road, 

King of Prussia, PA this 30th day of 

December 2008. 

For the Nuclear Regulatory Commission. 

Pamela Henderson, 

Chief, Medical Branch, Division of Nuclear 

Materials Safety, Region I. 

[FR Doc. E9–94 Filed 1–7–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[DOCKET NO. 52–033] 

Detroit Edison Company; Notice of 

Hearing, and Opportunity To Petition 

for Leave To Intervene and Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information and Safeguards 

Information for Contention Preparation 

on a Combined License for Fermi 3 

Pursuant to the Atomic Energy Act of 

1954, as amended, 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 U.S. Nuclear Regulatory 

Commission (NRC, the Commission) or 

designated by the Atomic Safety and 

Licensing Board (Board). The hearing 

will consider the application dated 

September 18, 2008, filed by Detroit 

Edison Company, pursuant to Subpart C 

of 10 CFR Part 52, for a combined 

license (COL). The application, which 

was supplemented by letters dated 

October 27, 2008, November 11, 2008, 

and November 20, 2008, requests 

approval of a COL for the Fermi Nuclear 

Power Plant, Unit 3, to be located in 

Monroe County, Michigan. The 

application was accepted for docketing 

on November 25, 2008. The docket 

number established for this COL 

application is 52–033. The Fermi COL 

application references the application 

for certification of the Economic 

Simplified Boiling Water Reactor 

(ESBWR) design, which was initially 

submitted on August 24, 2005. The 

ESBWR design is the subject of an 

ongoing rulemaking under Docket 

Number 52–010. 

The hearing will be conducted by a 

Board that will be designated by the 

Chairman of the Atomic Safety and 

Licensing Board Panel or will be 

conducted by the Commission. Notice 

as to the membership of the Board will 

be published in the Federal Register at 

a later date. The NRC staff will complete 

a detailed technical review of the COL 

application and will document its 

findings in a safety evaluation report. 

The Commission will refer a copy of the 

application to the Advisory Committee 

on Reactor Safeguards (ACRS) in 

accordance with 10 CFR 52.87, ‘‘Referral 

to the ACRS,’’ and the ACRS will report 

on those portions of the application that 

concern safety. The NRC staff will also 

prepare an Environmental Impact 

Statement, as required by 10 CFR 

51.20(b)(2). 

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 in accordance 

with 10 CFR 2.309. 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. 

A petition for leave to intervene must 

be filed no later than 60 days from the 


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date of publication of this notice in the 

Federal Register. Non-timely filings will 

not be entertained absent a 

determination by the Commission or 

presiding officer designated to rule on 

the petition, pursuant to the 

requirements of 10 CFR 2.309(c)(1)(i)– 

(viii). 

All documents filed in NRC 

adjudicatory proceedings, including 

petitions to intervene and requests to 

participate as an interested government 

entity under 10 CFR 2.315(c), must be 

filed in accordance with the NRC EFiling rule, which was promulgated by 

the NRC on August 28, 2007 (72 FR 

49139). The E-Filing process requires 

participants to submit and serve 

documents over the internet or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

petitioner must contact the Office of the 

Secretary by e-mail at 

HearingDocket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner (or its counsel or 

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

participant will need to download the 

Workplace Forms Viewer TM to access 

the Electronic Information Exchange 

(EIE), a component of the E-Filing 

system. The Workplace Forms 

Viewer TM is free and is available at 

http://www.nrc.gov/site-help/esubmittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

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

site-help/e-submittals/applycertificates.html. 

Once a participant has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it 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/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a 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 through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

toll-free help line number is 1–866– 

672–7640. A person filing electronically 

may also seek assistance by sending an 

e-mail to MSHD.Resource@nrc.gov. 

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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition should be granted and/ 

or the contentions should be admitted 

based on a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

To be timely, filings must be submitted 

no later than 11:59 p.m. Eastern 

Standard Time on the due date. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home telephone numbers 

in their filings. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

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 who are listed 

below. Counsel for the applicant is 

Bruce R. Maters, 313–235–7481, 

Matersb@dteenergy.com. Counsel for the 

NRC staff in this proceeding is Marcia 

Carpentier, (301) 415–4126, 

Marcia.Carpentier@nrc.gov. 

A person who is not a party may be 

permitted to make a limited appearance 

by making an oral or written statement 

of his or her position on the issues at 

any session of the hearing or any prehearing conference within the limits 

and conditions fixed by the presiding 

officer, but may not otherwise 

participate in the proceeding. These 

limited appearance statements need not 

be submitted using the E-filing process. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (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 

Agencywide Documents Access and 

Management System (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 available at http://www.nrc.gov/ 

reactors/new-reactors/col/Fermi.html. 

The ADAMS accession number for the 


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838 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

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. 

2The requester 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 requester 

usually should be able to obtain access to the online 

form within one business day. 

3Broad SGI requests under these procedures are 

thus highly unlikely to meet the standard for need 

to know; furthermore, staff redaction of information 

from requested documents before their release may 

be appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requester’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention. 

application cover letter is 

ML081300460. The ADAMS accession 

numbers for supplemental letters are 

ML0831203285, ML083190539, and 

ML083530798. To search for documents 

in ADAMS using the Fermi COL 

application docket numbers, 52–033, 

enter the term ‘‘05200033’’ in the 

‘‘Docket Number’’ field when using 

either the web-based search (advanced 

search) engine or the ADAMS find tool 

in Citrix. The ESBWR design 

certification can be found by going to 

http://www.nrc.gov/reactors/newlicensing/design-cert/esbwr.html or by 

accessing our ADAMS Advanced Web 

Search and entering ‘‘05200010’’ in the 

‘‘Docket Number’’ field to search for 

documents linked to the ESBWR design 

certification application. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

1. 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)). 

2. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party as defined in 10 CFR 2.4 

who believes access to SUNSI or SGI is 

necessary for a response to the notice 

may request access to SUNSI or SGI. A 

‘‘potential party’’ is any person who 

intends or may intend to participate as 

a party by demonstrating standing and 

the filing of an admissible contention 

under 10 CFR 2.309. Requests submitted 

later than 10 days will not be 

considered absent a showing of good 

cause for the late filing, addressing why 

the request could not have been filed 

earlier. 

3. The requester shall submit a letter 

requesting permission to access SUNSI 

and/or SGI to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

HearingDocket@nrc.gov and 

OGCmail@nrc.gov, respectively.1 The 

request must include the following 

information: 

a. A description of the licensing 

action with a citation to this Federal 

Register notice of hearing and 

opportunity to petition for leave to 

intervene; 

b. The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in (a); 

c. If the request is for SUNSI, the 

identity of the individual requesting 

access to SUNSI and the requester’s 

need for the information in order to 

meaningfully participate in this 

adjudicatory proceeding, particularly 

why publicly available versions of the 

application would not be sufficient to 

provide the basis and specificity for a 

proffered contention; 

d. If the request is for SGI, the identity 

of the individual requesting access to 

SGI and the identity of any expert, 

consultant or assistant who will aid the 

requester in evaluating the SGI, and 

information that shows: 

(i) Why the information is 

indispensable to meaningful 

participation in this licensing 

proceeding; and 

(ii) The technical competence 

(demonstrable knowledge, skill, 

experience, training or education) of the 

requester to understand and use (or 

evaluate) the requested information to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant or assistant 

who demonstrates technical competence 

as well as trustworthiness and 

reliability, and who agrees to sign a nondisclosure affidavit and be bound by the 

terms of a protective order; and 

e. If the request is for SGI, Form SF– 

85, ‘‘Questionnaire for Non-Sensitive 

Positions,’’ Form FD–258 (fingerprint 

card), and a credit check release form 

completed by the individual who seeks 

access to SGI and each individual who 

will aid the requester in evaluating the 

SGI. For security reasons, Form SF–85 

can only be submitted electronically, 

through a restricted-access database. To 

obtain online access to the form, the 

requester should contact the NRC’s 

Office of Administration at 301–415– 

0320.2 The other completed forms must 

be signed in original ink, accompanied 

by a check or money order payable in 

the amount of $191.00 to the U.S. 

Nuclear Regulatory Commission for 

each individual, and mailed to the U.S. 

Nuclear Regulatory Commission, Office 

of Administration, Security Processing 

Unit, Mail Stop TWB–05 B32M, 

Washington, DC 20555–0012. 

These forms will be used to initiate 

the background check, which includes 

fingerprinting as part of a criminal 

history records check. Note: copies of 

these forms do not need to be included 

with the request letter to the Office of 

the Secretary, but the request letter 

should state that the forms and fees 

have been submitted as described above. 

4. To avoid delays in processing 

requests for access to SGI, all forms 

should be reviewed for completeness 

and accuracy (including legibility) 

before submitting them to the NRC. 

Incomplete packages will be returned to 

the sender and will not be processed. 

5. Based on an evaluation of the 

information submitted under items 2 

and 3.a through 3.d, above, the NRC 

staff will determine within 10 days of 

receipt of the written access request 

whether (1) there is a reasonable basis 

to believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding, and (2) there is a 

legitimate need for access to SUNSI or 

need to know the SGI requested. For 

SGI, the need to know determination is 

made based on whether the information 

requested is necessary (i.e., 

indispensable) for the proposed 

recipient to proffer and litigate a 

specific contention in this NRC 

proceeding 3 and whether the proposed 

recipient has the technical competence 

(demonstrable knowledge, skill, 

training, education, or experience) to 

evaluate and use the specific SGI 

requested in this proceeding. 

6. If standing and need to know SGI 

are shown, the NRC staff will further 

determine based upon completion of the 

background check whether the proposed 

recipient is trustworthy and reliable. 

The NRC staff will conduct (as 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 839 

4 If a presiding officer has not yet been 

designated, the Chief Administrative Judge will 

issue such orders, or will appoint a presiding officer 

to do so. 

5Parties/persons other than the requester and the 

NRC staff will be notified by the NRC staff of a 

favorable access determination (and may participate 

in the development of such a motion and protective 

order) if it concerns SUNSI and if the party/person’s 

interest independent of the proceeding would be 

harmed by the release of the information (e.g., as 

with proprietary information). 

6As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (72 FR 49139; 

August 28, 2007). Requesters should note that the 

filing requirements of that rule apply to appeals of 

NRC staff determinations (because they must be 

served on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI/SGI 

requests submitted to the NRC staff under these 

procedures. 

necessary) an inspection to confirm that 

the recipient’s information protection 

systems are sufficient to protect SGI 

from inadvertent release or disclosure. 

Recipients may opt to view SGI at the 

NRC’s facility rather than establish their 

own SGI protection program to meet SGI 

protection requirements. 

7. A request for access to SUNSI or 

SGI will be granted if: 

a. The request has demonstrated that 

there is a reasonable basis to believe that 

a potential party is likely to establish 

standing to intervene or to otherwise 

participate as a party in this proceeding; 

b. The proposed recipient of the 

information has demonstrated a need for 

SUNSI or a need to know for SGI, and 

that the proposed recipient of SGI is 

trustworthy and reliable; 

c. The proposed recipient of the 

information has executed a NonDisclosure Agreement or Affidavit and 

agrees to be bound by the terms of a 

Protective Order setting forth terms and 

conditions to prevent the unauthorized 

or inadvertent disclosure of SUNSI and/ 

or SGI; and 

d. The presiding officer has issued a 

protective order concerning the 

information or documents requested.4

Any protective order issued shall 

provide that the petitioner must file 

SUNSI or SGI contentions 25 days after 

receipt of (or access to) that information. 

However, if more than 25 days remain 

between the petitioner’s receipt of (or 

access to) the information and the 

deadline for filing all other contentions 

(as established in the notice of hearing 

or opportunity for hearing), the 

petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

8. If the request for access to SUNSI 

or SGI is granted, the terms and 

conditions for access to sensitive 

unclassified information will be set 

forth in a draft protective order and 

affidavit of non-disclosure appended to 

a joint motion by the NRC staff, any 

other affected parties to this 

proceeding,5 and the petitioner(s). If the 

diligent efforts by the relevant parties or 

petitioner(s) fail to result in an 

agreement on the terms and conditions 

for a draft protective order or nondisclosure affidavit, the relevant parties 

to the proceeding or the petitioner(s) 

should notify the presiding officer 

within 5 days, describing the obstacles 

to the agreement. 

9. If the request for access to SUNSI 

is denied by the NRC staff or a request 

for access to SGI is denied by NRC staff 

either after a determination on standing 

and need to know or, later, after a 

determination on trustworthiness and 

reliability, the NRC staff shall briefly 

state the reasons for the denial. Before 

the Office of Administration makes an 

adverse determination regarding access, 

the proposed recipient must be 

provided an opportunity to correct or 

explain information. The requester may 

challenge the NRC staff’s adverse 

determination with respect to access to 

SUNSI or with respect to standing or 

need to know for SGI by filing a 

challenge within 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. In the 

same manner, an SGI requester may 

challenge an adverse determination on 

trustworthiness and reliability by filing 

a challenge within 15 days of receipt of 

that determination. 

In the same manner, a party other 

than the requester may challenge an 

NRC staff determination granting access 

to SUNSI whose release would harm 

that party’s interest independent of the 

proceeding. Such a challenge must be 

filed within 5 days of the notification by 

the NRC staff of its grant of such a 

request. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.6

10. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI and/or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR Part 2. Attachment 1 to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

Dated at Rockville, Maryland, this 2nd day 

of January 2009. 

For the Nuclear Regulatory Commission. 

J. Samuel Walker, 

Acting 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 

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 petitioner/requestor 

reply). 


erowe on PROD1PC63 with NOTICES
840 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4The Commission notes that while provided in 

Exhibit 5 to the filing, the text of the proposed rule 

change is not attached to this notice but is available 

at FINRA, the Commission’s Public Reference 

Room, and at http://www.finra.org. 

Day Event/activity 

20 ............. 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 

(1) need for SUNSI or (2) 

need to know for SGI. (For 

SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding 

would be harmed by the release of the information.) If 

NRC staff makes the finding 

of need for SUNSI and likelihood of standing, NRC staff 

begins document processing 

(preparation of redactions or 

review of redacted documents). If NRC staff makes 

the finding of need to know for 

SGI and likelihood of standing, 

NRC staff begins background 

check (including fingerprinting 

for a criminal history records 

check), information processing 

(preparation of redactions or 

review of redacted documents), and readiness inspections. 

25 ............. If NRC staff finds no ‘‘need,’’ 

‘‘need to know,’’ or likelihood 

of standing, the deadline for 

petitioner/requester to file a 

motion seeking a ruling to reverse the NRC staff’s denial of 

access; NRC staff files copy 

of access determination with 

the presiding officer (or Chief 

Administrative Judge or other 

designated officer, as appropriate). If NRC staff finds 

‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding 

would be harmed by the release of the information to file 

a motion seeking a ruling to 

reverse the NRC staff’s grant 

of access. 

30 ............. Deadline for NRC staff reply to 

motions to reverse NRC staff 

determination(s). 

40 ............. (Receipt +30) If NRC staff finds 

standing and need for SUNSI, 

deadline for NRC staff to complete information processing 

and file motion for Protective 

Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file NonDisclosure Agreement for 

SUNSI. 

Day Event/activity 

190 ........... (Receipt +180) If NRC staff finds 

standing, need to know for 

SGI, and trustworthiness and 

reliability, deadline for NRC 

staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a 

determination that the proposed recipient of SGI is not 

trustworthy or reliable). NOTE: 

Before the Office of Administration makes an adverse determination regarding access, 

the proposed recipient must 

be provided an opportunity to 

correct or explain information. 

205 ........... Deadline for petitioner to seek 

reversal of a final adverse 

NRC staff determination either 

before the presiding officer or 

another designated officer. 

A .............. If access granted: Issuance of 

presiding officer or other designated officer decision on 

motion for protective order for 

access to sensitive information 

(including schedule for providing access and submission 

of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ........ Deadline for filing executed NonDisclosure Affidavits. Access 

provided to SUNSI and/or SGI 

consistent with decision 

issuing the protective order. 

A + 28 ...... Deadline for submission of contentions whose development 

depends upon access to 

SUNSI and/or SGI. However, 

if more than 25 days remain 

between the petitioner’s receipt of (or access to) the information and the deadline for 

filing all other contentions (as 

established in the notice of 

hearing or opportunity for 

hearing), the petitioner may 

file its SUNSI or SGI contentions by that later deadline. 

A + 53 ...... (Contention receipt +25) Answers to contentions whose 

development depends upon 

access to SUNSI and/or SGI. 

A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

B .............. Decision on contention admission. 

[FR Doc. E9–111 Filed 1–7–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59175; File No. SR–FINRA– 

2008–066] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Reflect the Closing of 

the FINRA/NSX Trade Reporting 

Facility on December 31, 2008 

December 30, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

23, 2008, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by FINRA. FINRA submitted 

the proposed rule change under Section 

19(b)(3)(A) of the Act and Rule 19b– 

4(f)(6) 3 thereunder, which renders the 

proposal effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

FINRA’s proposed rule change reflects 

the closing of the FINRA/NSX Trade 

Reporting Facility (the ‘‘FINRA/NSX 

TRF’’) as of the close of business on 

December 31, 2008. The text of the 

proposed rule change is attached as 

Exhibit 5.4

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

FINRA included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. FINRA has prepared 

summaries, set forth in sections A, B, 


erowe on PROD1PC63 with NOTICES