38238 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

4As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (August 28, 2007; 

72 FR 49139). 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 requests 

submitted to the NRC staff under these procedures. 

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 27th day 

of July 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, 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; and describing the need for the information in order for the potential 

party to participate meaningfully in an adjudicatory proceeding. 

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’’ for SUNSI 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. 

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/requestor 

reply). 

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 consistent with decision issuing 

the protective order. 

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. E9–18367 Filed 7–30–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0608] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–4015, Preparation of Environmental 

Reports for Nuclear Power Plant License 

Renewal Applications. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Davis, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 415–3835 or email to Jennifer.Davis@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide (DG), 

entitled, ‘‘Preparation of Environmental 

Reports for Nuclear Power Plant License 

Renewal Applications,’’ is temporarily 

identified by its task number, DG–4015, 

which should be mentioned in all 

related correspondence. DG–4015 is 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38239 

proposed Revision 1 of Regulatory 

Guide 4.2, Supplement 1, dated 

September 2000. This guidance 

document provides general procedures 

for the preparation of environmental 

reports (ER), which are submitted as 

part of an application for the renewal of 

a nuclear power plant operating license 

in accordance with Title 10, Part 54, 

‘‘Requirements for Renewal of Operating 

Licenses for Nuclear Power Plants,’’ of 

the Code of Federal Regulations (10 CFR 

part 54). This regulatory guide amends 

Supplement 1 to Regulatory Guide 4.2, 

‘‘Preparation of Supplemental 

Environmental Reports for Applications 

to Renew Nuclear Power Plant 

Operating Licenses,’’ issued September 

2000. Use of this regulatory guide will 

help to ensure the completeness of the 

information provided in the ER, assist 

staff of the NRC and others in locating 

pertinent information, and facilitate the 

environmental review process. 

However, the NRC does not require 

conformance with the procedures, 

which are provided for guidance only. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–4015. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–4015 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. You may submit 

comments by any of the following 

methods: 

1. Mail comments to: Rulemaking and 

Directives Branch, Division of 

Administrative Services, Mail Stop: 

TWB–05–B01M, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

2. Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0608]. Address questions 

about NRC dockets to Carol Gallagher, 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

3. Fax comments to: Rulemaking and 

Directives Branch, Division of 

Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 492–3446. 

Requests for technical information 

about DG–4015 may be directed to the 

NRC contact, Jennifer Davis at (301) 

415–3835 or e-mail to 

Jennifer.Davis@nrc.gov. 

Comments would be most helpful if 

received by October 14, 2009. 

Comments received after that date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–4015 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091620409. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 17th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Mark P. Orr, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–18009 Filed 7–30–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0608] 

Notice of Availability of the Draft 

Revision to Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Plants, Revision 1, NUREG– 

1437 and Public Meetings 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (the 

Commission or NRC) has published and 

is issuing for public comment a draft 

revision to Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Plants (GEIS), Revision 1, 

NUREG–1437. The draft GEIS, Revision 

1 provides the technical basis for the 10- 

year update of Appendix B to Subpart 

A of Part 51—Environmental Effect of 

Renewing the Operating License of a 

Nuclear Power Plant in accordance with 

10 CFR part 51. 

The draft revised GEIS is publicly 

available at the NRC Public Document 

Room (PDR), located at One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852, or from the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS). The 

ADAMS Public Electronic Reading 

Room is accessible at http:// 

adamswebsearch.nrc.gov/dologin.htm. 

The Accession Number for the draft 

revised GEIS is ML090220654. Persons 

who do not have access to ADAMS, or 

who encounter problems in accessing 

the documents located in ADAMS, 

should contact the NRC’s PDR reference 

staff by telephone at 1–800–397–4209, 

or 301–415–4737, or by e-mail at 

pdr.resource@nrc.gov. 

Comments on the draft revised GEIS 

should be submitted no later than 

October 14, 2009. 

Written comments may be submitted 

by one of the following methods: 

E-mail comments to: The Federal eRulemaking Portal at http:// 

www.regulations.gov; search Docket ID 

NRC–2008–0608. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Michael Lesar, 

Chief, Rulemaking and Directives 

Branch, Mailstop TWB–05–B01M, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

All comments received by the 

Commission will be made available 

electronically at the Commission’s PDR 

in Rockville, Maryland, and through 

ADAMS. Comments submitted in 

writing or in electronic form will be 

made available to the public in their 


PWALKER on DSK8KYBLC1PROD with NOTICES