24044 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–391; NRC–2008–0369] 

Tennessee Valley Authority; Notice of 

Receipt of Update to Application for 

Facility Operating License and Notice 

of Opportunity for Hearing for the 

Watts Bar Nuclear Plant, Unit 2 and 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and 

Safeguards Information for Contention 

Preparation 

In accordance with the Commission’s 

direction in its Staff Requirements 

Memorandum SECY–07–0096, ‘‘Staff 

Requirements—Possible Reactivation of 

Construction and Licensing Activities 

for the Watts Bar Nuclear Plant Unit 2,’’ 

dated July 25, 2007, and pursuant to the 

Atomic Energy Act of 1954 (the Act), 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,’’ and 10 CFR Part 

50, ‘‘Domestic Licensing of Production 

and Utilization Facilities,’’ notice is 

hereby given that, on March 4, 2009, the 

U.S. Nuclear Regulatory Commission 

(NRC, the Commission) has received an 

update to the application for a facility 

operating license (OL) from the 

Tennessee Valley Authority (TVA or the 

applicant) that would authorize TVA to 

possess, use, and operate a second lightwater nuclear reactor (the facility), 

Watts Bar Nuclear Plant (WBN) Unit 2, 

located on the applicant’s site in Rhea 

County, Tennessee. The unit would 

operate at a steady-state power level of 

3,411 megawatts thermal. The original 

application dated June 30, 1976, was 

found acceptable for docketing on 

September 15, 1976, and ‘‘Notice of 

Receipt of Application for Facility 

Operating Licenses; Notice of 

Consideration of Issuance of Facility 

Operating Licenses; and Notice of 

Opportunity for Hearing’’ for WBN 

Units 1 and 2 was published in the 

Federal Register on December 27, 1976 

(41 FR 56244). On February 7, 1996, the 

NRC issued a full-power OL to TVA to 

operate WBN Unit 1 at this site. 

However, TVA has not completed 

construction of WBN Unit 2. 

Construction of the facility was 

authorized by Construction Permit No. 

CPPR–92, issued by the Commission on 

January 23, 1973. TVA has stated that it 

expects to complete construction prior 

to April 1, 2012. 

Pursuant to the National 

Environmental Policy Act, as amended, 

and the Commission’s regulations in 10 

CFR Part 51, on February 15, 2008, TVA 

submitted to the NRC ‘‘Watts Bar 

Nuclear Plant (WBN)—Unit 2—Final 

Supplemental Environmental Impact 

Statement [FSEIS] for the Completion 

and Operation of Unit 2,’’ to the NRC in 

support of its OL application for WBN 

Unit 2. By letter dated January 27, 2009, 

TVA submitted its ‘‘Final Supplemental 

Environmental Impact Statement— 

Severe Accident Management 

Alternatives [SAMA],’’ to supplement 

its FSEIS. After the staff has completed 

its review of TVA’s FSEIS, the NRC will 

prepare a draft supplement to 

environmental impact statement related 

to the operation of WBN Unit 2 (SEIS– 

OL). Upon preparation of the draft 

SEIS–OL, the Commission will, among 

other things, cause to be published in 

the Federal Register, a notice of 

availability of the draft supplement, 

requesting comments from interested 

persons on the draft SEIS–OL. The 

notice will also contain a statement to 

the effect that any comments of Federal 

agencies and State and local officials 

will be made available when received. 

The draft SEIS–OL will focus on matters 

that differ from those previously 

discussed in the final environmental 

statement prepared in connection with 

the issuance of the construction permits 

and the WBN Unit 1 OL. Upon 

consideration of comments submitted 

with respect to the draft SEIS–OL, the 

Commission’s staff will prepare a final 

SEIS–OL, the availability of which will 

be published in the Federal Register. 

The NRC staff will complete a 

detailed technical review of the 

application and will document its 

findings in Supplements to NUREG– 

0847, ‘‘Safety Evaluation Report Related 

to the Operation of Watts Bar Nuclear 

Plant, Unit 2.’’ 

The Commission will consider the 

issuance of the facility OL to TVA, 

which would authorize the applicant to 

possess, use and operate the WBN Unit 

2 in accordance with the provisions of 

the license and the technical 

specifications appended thereto, upon: 

(1) The completion of a favorable safety 

evaluation of the application by the 

Commission’s staff; (2) the completion 

of the environmental review required by 

the Commission’s regulations in 10 CFR 

Part 51; (3) the receipt of a report on the 

applicant’s application for the facility 

OL by the Advisory Committee on 

Reactor Safeguards; and (4) a finding by 

the Commission that the application for 

the facility licenses, as amended, 

complies with the requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations in 10 CFR Chapter I. 

The OL will not be issued until the 

Commission has made the findings 

reflecting its review of the application 

under the Act, which will be set forth 

in the proposed license, and has 

concluded that the issuance of the 

license will not be inimical to the 

common defense and security or to the 

health and safety of the public. 

Within 60 days after the date of initial 

publication of this notice in the Federal 

Register on May 1, 2009 (74 FR 20350), 

any person(s) whose interest may be 

affected by this action and who desires 

to participate as a party to this action 

may file a written request for a hearing 

and a petition to intervene with respect 

to whether an OL should be issued. 

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, ‘‘Hearing 

Requests, Petitions To Intervene, 

Requirements for Standing, and 

Contentions,’’ which is available at the 

Commission’s Public Document Room 

(PDR), located at One White Flint North, 

Public File Area O–1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible from the Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic 

Reading Room on the internet at the 

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

reading-rm/doc-collections/cfr/. 

Although the notice of the application 

will be published once each week for 4 

consecutive weeks in the Federal 

Register, the 60-day period will only 

begin upon the date of the first 

publication of the notice. 

If a request for a hearing or petition 

for leave to intervene is filed within 60 

days of the date of the initial notice, the 

Commission or a presiding officer 

designated by the Commission or by the 

Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition; and the Secretary or the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board will issue a 

notice of a hearing or an appropriate 

order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene or request 

for hearing shall set forth with 

particularity the interest of the 

petitioner/requestor in the proceeding, 

and how that interest may be affected by 

the results of the proceeding. The 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements: (1) 

The name, address and telephone 


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number of the requestor or petitioner; 

(2) the nature of the requestor’s/ 

petitioner’s right under the Act to be 

made a party to the proceeding; (3) the 

nature and extent of the requestor’s/ 

petitioner’s property, financial, or other 

interest in the proceeding; and (4) the 

possible effect of any decision or order 

which may be entered in the proceeding 

on the requestor’s/petitioner’s interest. 

The petition must also identify the 

specific contentions which the 

petitioner/requestor seeks to have 

litigated at the proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner/requestor must 

also provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the licensing action 

under consideration. The scope of the 

hearing and intervention request is 

limited to TVA’s application for an OL. 

The contention must be one which, if 

proven, would entitle the petitioner/ 

requestor to relief. A petitioner/ 

requestor who fails to satisfy these 

requirements with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene shall 

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. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve all adjudicatory documents 

over the Internet, or in some cases to 

mail copies on electronic storage media. 

Participants may not submit paper 

copies of their filings unless they seek 

a waiver in accordance with the 

procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least 10 days prior to the filing 

deadline, the requestor should contact 

the Office of the Secretary by e-mail at 

hearing.docket@nrc.gov or by calling 

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

identification (ID) certificate that allows 

the participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any NRC proceeding in which 

it is participating or (2) the creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE) viewer, 

which is a component of the E-Filing 

system. The Workplace Forms ViewerTM

is free and is available at http:// 

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

install-viewer.html. Information about 

how to apply for a digital ID certificate 

is also available on NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals/apply-certificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, he or she can then submit a 

request for a hearing through EIE. 

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 

the document through EIE. To be timely, 

electronic filings 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 document 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 is 

filed so that they may 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 Electronic Filing 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 (866) 672– 

7640. A person filing electronically may 

also seek assistance by sending an email to the NRC Electronic Filing Help 

Desk at MSHD.resource@nrc.gov. 

Participants who believe that they 

have 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 

(1) by 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) by 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 the 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 or the presiding officer of 

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 they are excluded under an order 

of the Commission, the 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 


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24046 Federal Register / Vol. 74, No. 98 / Friday, May 22, 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 e-mail address. 

After providing this information, the requester 

usually should be able to obtain access to the online 

form within one business day. 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a ‘‘fair use’’ application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

For further details pertinent to the 

matters under consideration, see the 

application for the facility OL dated 

June 30, 1975, as supplemented on 

September 27, 1976, and as updated on 

March 4, 2009, which are available for 

public inspection at the Commission’s 

PDR, located at One White Flint North, 

Public File Area O1F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically through 

the ADAMS Public Electronic Reading 

Room link on the internet at the NRC 

Web site http://www.nrc.gov/readingrm/adams.html. Certain documents 

included in the OL application contain 

sensitive unclassified non-safeguards 

information and safeguards information. 

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 1–800–4209, 301– 

415–4737, or by e-mail to 

pdr.resources@nrc.gov. The OL 

application and its supplement and 

update are available at http:// 

www.nrc.gov/reactors/plant-specificitems/watts-bar.html. The ADAMS 

accession numbers for the OL 

application cover letter and supplement 

cover letter are ML073400595 and 

ML073381112, respectively. The 

ADAMS accession number for the 

update to the application is 

ML090700378. The ADAMS accession 

number for Supplement 21 to NUREG– 

0847 is ML090570741. The ADAMS 

accession number for the final safety 

analysis report, as redacted under 10 

CFR 2.390(d)(1), is ML090980525. The 

redactions were made in compliance 

with the NRC’s criteria on sensitive 

information, as specified in SECY–04– 

0191, ‘‘Withholding Sensitive 

Unclassified Information Concerning 

Nuclear Power Reactors From Public 

Disclosure,’’ dated October 19, 2004 

(ADAMS accession number 

ML042310663), as modified by the NRC 

Commission Staff Requirements 

Memorandum SECY–04–0191, dated 

November 9, 2004 (ADAMS accession 

number ML043140175). To search for 

other related documents in ADAMS 

using the Watts Bar Nuclear Plant Unit 

2 OL application docket number, 50– 

391, enter the term ‘‘05000391’’ in the 

‘‘Docket Number’’ field when using 

either the Web-based search (advanced 

search) engine or the ADAMS find tool 

in Citrix. 

Attorney for the applicant: Maureen 

H. Dunn, Executive Vice President and 

General Counsel, Tennessee Valley 

Authority, 400 West Summit Hill Drive, 

Knoxville, TN 37902. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) and 

Safeguards Information (SGI) for 

Contention Preparation, Tennessee 

Valley Authority Watts Bar Nuclear 

Plant, Unit 2, Located in Rhea County, 

Tennessee 

[Docket No. 50–391] 

1.This order contains instructions 

regarding how potential parties to the 

proceedings listed above may request 

access to documents containing 

sensitive unclassified non-safeguards 

information and safeguards information 

(SUNSI and SGI). 

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 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 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 

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, MD 

20852. The e-mail addresses for the 

Office of the Secretary and the Office of 

the General Counsel are 

hearing.docket@nrc.gov and 

ogcmailcenter.resource@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 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 301–492– 

3524.2 The other completed forms must 

be signed in original ink, accompanied 

by a check or money order payable in 

the amount of $200.00 to the U.S. 

Nuclear Regulatory Commission for 

each individual, and mailed to the: 

Office of Administration, Security 

Processing Unit, Mail Stop TWB–05 


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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. 

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; 

Aug. 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. 

B32M, U.S. Nuclear Regulatory 

Commission, 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 ten 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 

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 ten (10) 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 ten (10) 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 fifteen (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 ten (10) 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. 


erowe on PROD1PC63 with NOTICES
24048 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

Dated at Rockville, Maryland, this 1st 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) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING

Day Event/Activity 

0 ......................... Publication of notice of receipt of update to application for facility operating license and notice of opportunity for hearing, including order with instructions for access requests. 

10 ....................... Deadline for submitting requests for access to SUNSI and/or 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). 

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 (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 Non-Disclosure 

Agreement for SUNSI. 

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

to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient 

of SGI is not trustworthy or reliable). NOTE : Before the Office of Administration makes an adverse determination regarding 

access, 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 Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing 

the protective order. 

A + 28 ................ Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more 

than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other 

contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

A + 53 ................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

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

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

[FR Doc. E9–11903 Filed 5–21–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–7–EA; ASLBP No. 09–888– 

03–EA–BD01] 

Detroit Edison Company; 

Establishment of Atomic Safety and 

Licensing Board 

Pursuant to delegation by the 

Commission dated December 29, 1972 

(37 FR 28710), and the Commission’s 

regulations, see 10 CFR 2.106, 2.300, 

2.313(a), and 2.318, notice is hereby 

given that an Atomic Safety and 

Licensing Board (Board) is being 

established to preside over the following 

proceeding: 

Detroit Edison Company Fermi Power 

Plant 

(Independent Spent Fuel Storage 

Installation) 

This proceeding concerns a Petition to 

Intervene dated May 7, 2009 from 

Beyond Nuclear, et al., that was 

submitted in response to an April 17, 

2009 notice issued by the NRC Staff that 

provided the Issuance of Order for 

Implementation of Additional Security 

Measures and Fingerprinting for 

Unescorted Access to Detroit Edison 

Company (74 FR 17890). 

The Board is comprised of the 

following administrative judges: 

Ronald M. Spritzer, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Michael F. Kennedy, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Randall J. Charbeneau, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E-Filing Rule, 

which the NRC promulgated in August 

2007 (72 FR 49139). 


erowe on PROD1PC63 with NOTICES