[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23436-23440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11604]


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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.

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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: <a href="/cdn-cgi/l/email-protection#7f12060d1011511913161a181a133f110d1c51181009"><span class="__cf_email__" data-cfemail="55382c273a3b7b33393c30323039153b27367b323a23">[email protected]</span></a>.

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 E-Filing 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 
<a href="/cdn-cgi/l/email-protection#054d4044574c4b42414a464e4051454b57462b424a53"><span class="__cf_email__" data-cfemail="b4fcf1f5e6fdfaf3f0fbf7fff1e0f4fae6f79af3fbe2">[email protected]</span></a>, 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 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/requestor (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/requester will need to download the 
Workplace Forms Viewer<SUP>TM</SUP> to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer<SUP>TM</SUP> is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information 
about applying for a digital ID certificate is available on NRC's

[[Page 23437]]

public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.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/e-submittals.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/e-submittals.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 <a href="/cdn-cgi/l/email-protection#28657b606c067a4d5b475d5a4b4d68465a4b064f475e"><span class="__cf_email__" data-cfemail="4e031d060a601c2b3d213b3c2d2b0e203c2d60292138">[email protected]</span></a>.
    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 first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    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

[[Page 23438]]

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 <a href="/cdn-cgi/l/email-protection#532337217d2136203c26213036133d21307d343c25"><span class="__cf_email__" data-cfemail="f1819583df8394829e84839294b19f8392df969e87">[email protected]</span></a>. 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 Non-
Safeguards 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a3ebc6c2d1cacdc4e7ccc0c8c6d7e3cdd1c08dc4ccd5">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#662921250b070f0a0503081203142608140548010910"><span class="__cf_email__" data-cfemail="48070f0b252921242b2d263c2d3a08263a2b662f273e">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ See 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.
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    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 Non-
Disclosure 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

[[Page 23439]]

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.
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    \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.
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    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 non-disclosure 
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.
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    \3\ Parties/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).
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    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\
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    \4\ As of October 15, 2007, the NRC's Final ``E-Filing 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.
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    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
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                       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.

[[Page 23440]]

 
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.
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[FR Doc. E9-11604 Filed 5-18-09; 8:45 am]
BILLING CODE 7590-01-P


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