23436 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

Dated: May 14, 2009. 

Michael J. Kurtz, 

Assistant Archivist for Records Services— 

Washington, DC. 

[FR Doc. E9–11756 Filed 5–18–09; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts; Arts 

Advisory Panel 

Pursuant to Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463), as amended, notice is hereby 

given that seven meetings of the Arts 

Advisory Panel to the National Council 

on the Arts will be held at the Nancy 

Hanks Center, 1100 Pennsylvania 

Avenue, NW., Washington, DC 20506 as 

follows (ending times are approximate): 

Media Arts (application review): June 2–3, 

2009 in Room 730. This meeting, from 9 a.m. 

to 6 p.m. on June 2nd, and from 9 a.m. to 

3:30 p.m. on June 3rd, will be closed. 

Folk & Traditional Arts (application 

review): June 3–5, 2009 in Room 716. A 

portion of this meeting, from 10:30 a.m. to 

11:30 a.m. on June 5th, will be open to the 

public for policy discussion. The remainder 

of the meeting, from 9 a.m. to 5:30 p.m. on 

June 3rd and 4th and from 9 a.m. to 10:30 

a.m. and 11:30 a.m. to 12 p.m. on June 5th, 

will be closed. 

Media Arts (application review): June 4–5, 

2009 in Room 730. This meeting, from 9 a.m. 

to 6 p.m. on June 4th and from 9 a.m. to 4 

p.m. on June 5th, will be closed. 

Design (application review): June 8–9, 2009 

in Room 716. A portion of this meeting, from 

1:30 p.m. to 2:30 p.m. on June 9th, will be 

open to the public for policy discussion. The 

remainder of the meeting, from 9 a.m. to 6 

p.m. on June 8th and from 9 a.m. to 1:30 p.m. 

and 2:30 p.m. to 4:30 p.m. on June 9th, will 

be closed. 

Local Arts Agencies (application review): 

June 10–11, 2009 in Room 730. This meeting, 

from 9 a.m. to 5:30 p.m. on June 10th and 

from 9 a.m. to 2:30 p.m. on June 11th, will 

be closed. 

Dance (application review): June 15–19, 

2009 in Room 716. This meeting, from 9 a.m. 

to 6 p.m. on June 15th—18th, and from 9 a.m. 

to 5 p.m. on June 19th, will be closed. 

Presenting (application review): June 18– 

19, 2009 in Room 714. This meeting, from 9 

a.m. to 5:30 p.m. on June 18th and from 9 

a.m. to 4 p.m. on June 19th, will be closed. 

The closed portions of meetings are for the 

purpose of Panel review, discussion, 

evaluation, and recommendations on 

financial assistance under the National 

Foundation on the Arts and the Humanities 

Act of 1965, as amended, including 

information given in confidence to the 

agency. In accordance with the determination 

of the Chairman of February 28, 2008, these 

sessions will be closed to the public pursuant 

to subsection (c)(6) of section 552b of Title 

5, United States Code. 

Any person may observe meetings, or 

portions thereof, of advisory panels that are 

open to the public, and if time allows, may 

be permitted to participate in the panel’s 

discussions at the discretion of the panel 

chairman. If you need special 

accommodations due to a disability, please 

contact the Office of AccessAbility, National 

Endowment for the Arts, 1100 Pennsylvania 

Avenue, NW., Washington, DC 20506, 202/ 

682–5532, TDY–TDD 202/682–5496, at least 

seven (7) days prior to the meeting. 

Further information with reference to these 

meetings can be obtained from Ms. Kathy 

Plowitz-Worden, Office of Guidelines & 

Panel Operations, National Endowment for 

the Arts, Washington, DC 20506, or call 202/ 

682–5691. 

Dated: May 14, 2009. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts. 

[FR Doc. E9–11621 Filed 5–18–09; 8:45 am] 

BILLING CODE 7537–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 040–09079; NRC–2009–0145 

Notice of Opportunity for Hearing, 

License Application Request of Energy 

Metals Corporation Antelope and JAB 

Uranium Project, Sweetwater County, 

WY, and Order Imposing Procedures 

for Access to Sensitive Unclassified 

Non-Safeguards Information (SUNSI) 

for Contention Preparation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license application, 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by July 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Myron H. Fliegel, Senior Project 

Manager, Uranium Recovery Licensing 

Branch, Division of Waste Management 

and Environmental Protection, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–6629; fax number: (301) 415– 

5369; e-mail: myron.fliegel@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By letter dated July 3, 2008, Energy 

Metals Corporation (Energy Metals) 

submitted a Source Materials License 

application to the U.S. Nuclear 

Regulatory Commission (NRC) for the 

Antelope and JAB Uranium Project in 

Sweetwater County, Wyoming. The 

Antelope and JAB Uranium Project 

would involve the recovery of uranium 

by in situ leach (ISL) extraction. An 

NRC Administrative review, 

documented in a letter to Energy Metals 

dated March 9, 2009, found the 

application acceptable to begin a 

technical and environmental review. 

Before approving the license 

application, the NRC will need to make 

the findings required by the Atomic 

Energy Act of 1954, as amended, and 

NRC’s regulations. These findings will 

be documented in a Safety Evaluation 

Report (SER) and a site-specific 

environmental review consistent with 

the provisions of 10 CFR Part 51. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a Source Materials License regarding 

Energy Metals’ proposal to construct 

and operate the Antelope and JAB 

Uranium Project ISL uranium extraction 

facility in Sweetwater County, 

Wyoming. Any person whose interest 

may be affected by this proceeding, and 

who desires to participate as a party, 

must file a request for a hearing and a 

specification of the contentions which 

the person seeks to have litigated in the 

hearing, in accordance with the NRC EFiling rule, which the NRC promulgated 

in August 28, 2007 (72 FR 49139). The 

E-Filing rule 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 ten 

(10) days prior to the filing deadline, the 

petitioner/requester 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 Identification (ID) certificate, 

which allows the participant (or its 

counsel or representative) to digitally 

sign documents and access the ESubmittal 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/requestor (or its counsel 

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

petitioner/requester will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23437 

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

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

Once a petitioner/requester has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (PDF) in 

accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/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 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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html, or by calling the NRC 

electronic filing Help Desk, which is 

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

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, 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 and/or request 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 Time on the due 

date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

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

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

social security 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. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

July 20, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving a request for a hearing filed by 

a person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application, supporting safety analysis 

report, environmental report or other 

supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/ 

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental impact statement, 

environmental assessment, or any 

supplements relating thereto, that differ 

significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

mstockstill on PROD1PC66 with NOTICES

23438 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

1See footnote 4. 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. 

2 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. 

after the initial filing only with leave of 

the presiding officer. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Energy Metals 

Technical Report for the proposed 

action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Energy Metals 

Environmental Report for the proposed 

action. 

3. Miscellaneous—does not fall into 

one of the categories outlined above. 

If the requester/petitioner believes a 

contention raises issues that cannot be 

classified as primarily falling into one of 

these categories, the requester/petitioner 

must set forth the contention and 

supporting bases, in full, separately for 

each category into which the requester/ 

petitioner asserts the contention belongs 

with a separate designation for that 

category. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the July 3, 2008 license 

application and the supporting 

documentation (i.e., Technical and 

Environmental Reports), 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 ADAMS accession 

numbers for the documents related to 

this notice are ML082730312, Letter 

from Energy Metals Corporation, 

Submitting Source Materials License 

Application and Supporting Technical 

Report for Antelope and JAB Uranium 

Project, ML082820454, Letter from 

Energy Metals Corporation, Submitting 

Source Material License Application 

and Supporting Environmental Report 

for the Antelope and JAB Uranium 

Project, and ML090840127, Letter from 

Energy Metals Corporation, Antelope 

and JAB Uranium Project License 

Application, Sweetwater County, 

Wyoming, Corrected Volumes. The 

ADAMS accession number for the NRC 

staff’s administrative review letter, 

dated March 9, 2009, is ML090630076. 

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.resource@nrc.gov. These documents 

may also be viewed electronically on 

the public computers located at the 

NRC’s Public Document Room (PDR), O 

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852. 

The PDR reproduction contractor will 

copy documents for a fee. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) for 

Contention Preparation 

1. This order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information. A suggested 

schedule is provided, as Attachment 1 

to this order. 

2. Within ten (10) days after 

publication of this notice of opportunity 

for hearing, any potential party as 

defined in 10 CFR 2.4 who believes 

access to SUNSI is necessary for a 

response to the notice may request 

access to such information. 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 ten 

(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 

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, MD 

20852. The e-mail address for the Office 

of the Secretary and the Office of the 

General Counsel are 

HearingDocket@nrc.gov and 

OGCmailcenter@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 opportunity for 

hearing; 

b. The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed, if the licensing 

action is taken; and 

c. 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; 

4. Based on an evaluation of the 

information submitted under items 2 

and 3.a through 3.c, above, the NRC staff 

will determine within ten (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. 

5. A request for access to SUNSI 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; 

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 

d. The presiding officer has issued a 

protective order concerning the 

information or documents requested.2

Any protective order issued shall 

provide that the petitioner must file 

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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23439 

3Parties/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). 4As 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 the presiding officer or the Commission, 

as applicable), but not to the initial SUNSI requests 

submitted to the NRC staff under these procedures. 

SUNSI 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 

contentions by that later deadline. 

6. If the request for access to SUNSI 

is granted, the terms and conditions for 

access to sensitive unclassified 

information will be set forth in a draft 

protective order and affidavit of nondisclosure appended to a joint motion 

by the NRC staff, any other affected 

parties to this proceeding,3 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 

non-disclosure affidavit, the relevant 

parties to the proceeding or the 

petitioner(s) should notify the presiding 

officer within five (5) days, describing 

the obstacles to the agreement. 

7. If the request for access to SUNSI 

is denied by the NRC staff after a 

determination on standing, 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 by 

filing a challenge within five (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 2.318(a); 

or (c) if another officer has been 

designated to rule on information access 

issues, with that officer. 

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 five (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 2.311.4

8. 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. 

Dated at Rockville, Maryland, this 13th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

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

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING

Day Event 

0 ............................................................. Publication of Federal Register notice of opportunity for hearing, including order with instructions for 

access requests. 

10 ........................................................... Deadline for submitting requests for access to 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; demonstrating that access should be granted. 

[20, 30 or 60] .......................................... Deadline for submitting petition for intervention containing: (i) demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; 

+7 petitioner/requester reply). 

20 ........................................................... 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,’’ ‘‘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 Non-Disclosure Agreement for SUNSI. 

190 ......................................................... (Receipt +180) If NRC staff finds standing, trustworthiness, and reliability, deadline for NRC staff to file 

motion for Protective Order and draft Non-disclosure Affidavit. 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. 

mstockstill on PROD1PC66 with NOTICES

23440 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

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

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING—Continued 

Day Event 

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 ......................................................... 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+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. 

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

[FR Doc. E9–11604 Filed 5–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0204] 

Biweekly Notice; Applications and 

Amendments to Facility Operating 

Licenses; Involving No Significant 

Hazards Considerations 

I. Background 

Pursuant to section 189a. (2) of the 

Atomic Energy Act of 1954, as amended 

(the Act), the U.S. Nuclear Regulatory 

Commission (the Commission or NRC 

staff) is publishing this regular biweekly 

notice. The Act requires the 

Commission publish notice of any 

amendments issued, or proposed to be 

issued and grants the Commission the 

authority to issue and make 

immediately effective any amendment 

to an operating license upon a 

determination by the Commission that 

such amendment involves no significant 

hazards consideration, notwithstanding 

the pendency before the Commission of 

a request for a hearing from any person. 

This biweekly notice includes all 

notices of amendments issued, or 

proposed to be issued from April 23, 

2009, to May 6, 2009. The last biweekly 

notice was published on May 5, 2009 

(74 FR 20741). 

Notice of Consideration of Issuance of 

Amendments to Facility Operating 

Licenses, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing 

The Commission has made a 

proposed determination that the 

following amendment requests involve 

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. The basis for this 

proposed determination for each 

amendment request is shown below. 

The Commission is seeking public 

comments on this proposed 

determination. 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. 

Written comments may be submitted 

by mail to the Chief, Rulemaking and 

Directives Branch, TWB–05–B01M, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, and should cite the 

publication date and page number of 

this Federal Register notice. Copies of 

written comments received may be 

examined at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area 

O1F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. 

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. 

Requests for a hearing and a petition for 

leave to intervene shall be filed in 

accordance with the Commission’s 

‘‘Rules of Practice for Domestic 

Licensing Proceedings’’ in 10 CFR Part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the Commission’s PDR, 

located at One White Flint North, Public 

File Area 01F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible from the Agencywide 

Documents Access and Management 

System’s (ADAMS) Public Electronic 

Reading Room on the Internet at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/doc-collections/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 

mstockstill on PROD1PC66 with NOTICES