80 FR 53332 - GE Hitachi Nuclear Energy Americas, LLC, Vallecitos Nuclear Center

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range		53332-53336
FR Document		2015-21801
The U.S. Nuclear Regulatory Commission (NRC) has received a revised license renewal application from GE Hitachi Nuclear Energy Americas, LLC (GEH), requesting renewal of Special Nuclear Material License No. SNM-960 for the Vallecitos Nuclear Center. This license authorizes GEH to conduct laboratory analysis and engineering studies of licensed material and to store onsite material previously used in analysis. The request, if granted, would authorize GEH to continue licensed activities at the Vallecitos Nuclear Center for 10 years.
Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53332-53336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21801]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-754; NRC-2015-0189]


GE Hitachi Nuclear Energy Americas, LLC, Vallecitos Nuclear 
Center

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; receipt, opportunity to request a 
hearing and to petition for leave to intervene; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
revised license renewal application from GE Hitachi Nuclear Energy 
Americas, LLC (GEH), requesting renewal of Special Nuclear Material 
License No. SNM-960 for the Vallecitos Nuclear Center. This license 
authorizes GEH to conduct laboratory analysis and engineering studies 
of licensed material and to store onsite material previously used in 
analysis. The request, if granted, would authorize GEH to continue 
licensed activities at the Vallecitos Nuclear Center for 10 years.

DATES: Requests for a hearing or petition for leave to intervene must 
be filed by November 2, 2015. Any potential party as defined in Sec.  
2.1 of Title 10 of the Code of Federal Regulations (10 CFR) who 
believes access to Sensitive Unclassified Non-Safeguards Information 
(SUNSI) is necessary to respond to this notice must request document 
access by September 14, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0189 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0189. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Breeda Reilly, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7553; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    By letter dated March 18, 2015 (ADAMS Accession No. ML15077A495), 
GEH submitted to the NRC a revised license renewal application for the 
Vallecitos Nuclear Center, located near Sunol, California. Special 
Nuclear Material License No. SNM-960 authorizes GEH to conduct 
laboratory analysis and engineering studies of licensed material and to 
store onsite material previously used in analysis. The request, if 
granted, would authorize GEH to continue licensed activities at the 
Vallecitos Nuclear Center for 10 years.
    The current license expired on June 30, 2010. Because GEH filed an 
original renewal application on September 30, 2009, and subsequent 
revisions, the license is under timely renewal as provided in 10 CFR 
2.109(a). The revised license renewal application submitted on March 
18, 2015, supersedes previous license renewal applications submitted to 
the NRC.
    An NRC administrative review, documented in a letter to GEH dated 
May 1, 2015 (ADAMS Accession No. ML15077A406), found the March 18, 
2015, renewal application acceptable to begin a formal technical 
review. If the NRC approves the request, the approval will be 
documented in NRC License No. SNM-960. However, before approving the 
request, the NRC will need to make the findings required by the Atomic 
Energy Act of 1954, as amended (the Act), and the NRC's regulations. 
These findings will be documented in a Safety Evaluation Report. 
Because the licensed material will be used in research and development, 
renewal of SNM-960 is an action that is categorically excluded from the 
requirement to prepare an environmental assessment pursuant to 10 CFR 
51.22(c)(14)(v).

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to the 
revised license renewal application. Requests for a hearing and a 
petition for leave to intervene shall be filed in accordance with the 
NRC's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. 
Interested person(s) should consult a current copy of 10 CFR 2.309, 
which is available at the NRC's PDR, located in One White Flint North, 
Room O1-F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 
20852. The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to 
intervene is filed within 60 days, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel will rule on the 
request and/or petition. The Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner 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,

[[Page 53333]]

with particular reference to the following general requirements: (1) 
The name, address, and telephone number of the requester or petitioner; 
(2) the nature of the requester's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requester'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 requester's/petitioner's 
interest. The petition must also set forth the specific contentions 
which the requestor/petitioner 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 
requestor/petitioner 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 requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/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 amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner 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 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 with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a motion for cross-examination of witnesses, consistent with NRC 
regulations, policies, and procedures. The Atomic Safety and Licensing 
Board will set the time and place for any prehearing conferences and 
evidentiary hearings, and the appropriate notices will be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
November 2, 2015. The petition must be filed in accordance with the 
filing instructions in the ``Electronic Submissions (E-Filing)'' 
section of this document, and should meet the requirements for 
petitions for leave to intervene set forth in this section, except that 
under Sec.  2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian Tribe, or agency thereof does not need to address the 
standing requirements in 10 CFR 2.309(d) if the facility is located 
within its boundaries. A State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
November 2, 2015.
    The Commission requests that each contention be given a separate 
numeric or alpha designation within one of the following groups: (1) 
Technical (primarily related to safety concerns; (2) Environmental; or 
(3) Miscellaneous.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention or propose substantially the same 
contention, the requestors/petitioners will be required to jointly 
designate a representative who shall have the authority to act for the 
requestors/petitioners with respect to the contention.

III. Electronic Submissions (E-Filing)

    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's E-filing rule (72 FR 49139; 
August 28, 2007). 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 an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-filing, at least 10 
days prior to the filing deadline, the petitioner should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 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 (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the

[[Page 53334]]

participant must file the document using the NRC's online, Web-based 
submission form. In order to serve documents through the Electronic 
Information Exchange System, users will be required to install a Web 
browser plug-in from the NRC's Web site. Further information on the 
Web-based submission form, including the installation of the Web 
browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate, and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submission should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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 using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC public Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First-class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville, Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by 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. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers, in their filings unless an NRC 
regulation or other law requires submission of such information. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. 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.

IV. Availability of Documents

    Documents related to this action, including the license renewal 
application and other supporting documentation, are available to 
interested persons as indicated.

------------------------------------------------------------------------
                Document                       ADAMS Accession No.
------------------------------------------------------------------------
License Renewal Application, March 18,   ML15077A495.
 2015.
Vallecitos Decommissioning Funding       ML14045A339.
 Plan, January 31, 2014.
Inventory Consolidation Status Report,   ML14328A766.
 November 24, 2014..
Acceptance of Application for Technical  ML15077A406.
 Review, May 1, 2015.
------------------------------------------------------------------------

    Portions of the license renewal application and its supporting 
documents contain SUNSI. These portions will not be available to the 
public in the NRC's ADAMS. Any person requesting to obtain the SUNSI 
information will need to follow the procedures described in the Order 
below.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of docketing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. 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,

[[Page 53335]]

Maryland 20852. The email address for the Office of the Secretary and 
the Office of the General Counsel are [email protected] and 
[email protected], respectively.\1\ The request must include the 
following information:
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) 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 C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the 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) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the dates the petitioner is granted 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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and need for access, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) another officer, if that officer 
has been designated to rule on information access issues.
    H. Review of Grants of Access. 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 with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    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.\3\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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 request submitted to the NRC staff under these 
procedures.
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    I. 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. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 27th day of August, 2015.

    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
                           in This Proceeding
------------------------------------------------------------------------
           Day                            Event/activity
------------------------------------------------------------------------
0.......................  Publication of Federal Register notice of
                           hearing and opportunity to petition for leave
                           to intervene, including order with
                           instructions for access requests.
10......................  Deadline for submitting requests for access to
                           Sensitive Unclassified Non-Safeguards
                           Information (SUNSI) with information:
                           Supporting the standing of a potential party
                           identified by name and address; describing
                           the need for the information for the
                           potential party to participate meaningfully
                           in an adjudicatory proceeding.
60......................  Deadline for submitting petition for
                           intervention containing: (i) Demonstration of
                           standing; and (ii) all contentions whose
                           formulation does not require access to SUNSI
                           (+25 Answers to petition for intervention; +7
                           petitioner/requestor reply).

[[Page 53336]]

 
20......................  The U.S. Nuclear Regulatory Commission (NRC)
                           staff informs the requester of the staff's
                           determination of whether the request for
                           access provides a reasonable basis to believe
                           standing can be established and shows need
                           for SUNSI. (The 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 the
                           NRC staff makes the finding of need for SUNSI
                           and likelihood of standing, the NRC staff
                           begins document processing (preparation of
                           redactions or review of redacted documents).
25......................  If NRC staff finds no ``need'' or no
                           likelihood of standing, the deadline for
                           petitioner/requester to file a motion seeking
                           a ruling to reverse the NRC staff's denial of
                           access; the NRC staff files copy of access
                           determination with the presiding officer (or
                           Chief Administrative Judge or other
                           designated officer, as appropriate). If the
                           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 the NRC staff finds standing
                           and need for SUNSI, deadline for the 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.
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.
>A + 60.................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2015-21801 Filed 9-2-15; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices 53333

with particular reference to the file new or amended contentions that III. Electronic Submissions (E-Filing)
following general requirements: (1) The are filed after the 60-day deadline will All documents filed in NRC
name, address, and telephone number of not be entertained absent a adjudicatory proceedings, including a
the requester or petitioner; (2) the nature determination by the presiding officer request for hearing, a petition for leave
of the requester’s/petitioner’s right that the filing demonstrates good cause to intervene, any motion or other
under the Act to be made a party to the by satisfying the three factors in 10 CFR document filed in the proceeding prior
proceeding; (3) the nature and extent of 2.309(c)(1)(i)–(iii). to the submission of a request for
the requester’s/petitioner’s property, A State, local governmental body, hearing or petition to intervene, and
financial, or other interest in the Federally-recognized Indian Tribe, or documents filed by interested
proceeding; and (4) the possible effect of agency thereof, may submit a petition to governmental entities participating
any decision or order which may be the Commission to participate as a party under 10 CFR 2.315(c), must be filed in
entered in the proceeding on the under 10 CFR 2.309(h)(1). The petition accordance with the NRC’s E-filing rule
requester’s/petitioner’s interest. The should state the nature and extent of the (72 FR 49139; August 28, 2007). The E-
petition must also set forth the specific petitioner’s interest in the proceeding. filing process requires participants to
contentions which the requestor/ The petition should be submitted to the submit and serve all adjudicatory
petitioner seeks to have litigated at the Commission by November 2, 2015. The documents over the Internet or, in some
proceeding.
petition must be filed in accordance cases, to mail copies on electronic
Each contention must consist of a
with the filing instructions in the storage media. Participants may not
specific statement of the issue of law or
fact to be raised or controverted. In ‘‘Electronic Submissions (E-Filing)’’ submit paper copies of their filings
addition, the requestor/petitioner shall section of this document, and should unless they seek an exemption in
provide a brief explanation of the bases meet the requirements for petitions for accordance with the procedures
for the contention and a concise leave to intervene set forth in this described below.
statement of the alleged facts or expert section, except that under § 2.309(h)(2) To comply with the procedural
opinion which support the contention a State, local governmental body, or requirements of E-filing, at least 10 days
and on which the requestor/petitioner Federally-recognized Indian Tribe, or prior to the filing deadline, the
intends to rely in proving the contention agency thereof does not need to address petitioner should contact the Office of
at the hearing. The requestor/petitioner the standing requirements in 10 CFR the Secretary by email at
must also provide references to those 2.309(d) if the facility is located within Hearing.Docket@nrc.gov, or by
specific sources and documents of its boundaries. A State, local telephone at 301–415–1677, to request
which the petitioner is aware and on governmental body, Federally- (1) a digital identification (ID)
which the requestor/petitioner intends recognized Indian Tribe, or agency certificate, which allows the participant
to rely to establish those facts or expert thereof may also have the opportunity to (or its counsel or representative) to
opinion. The petition must include participate under 10 CFR 2.315(c). digitally sign documents and access the
sufficient information to show that a If a hearing is granted, any person E–Submittal server for any proceeding
genuine dispute exists with the who does not wish, or is not qualified, in which it is participating; and (2)
applicant on a material issue of law or to become a party to the proceeding advise the Secretary that the participant
fact. Contentions shall be limited to may, in the discretion of the presiding will be submitting a request or petition
matters within the scope of the officer, be permitted to make a limited for hearing (even in instances in which
amendment under consideration. The appearance pursuant to the provisions the participant, or its counsel or
contention must be one which, if of 10 CFR 2.315(a). A person making a representative, already holds an NRC-
proven, would entitle the requestor/ limited appearance may make an oral or issued digital ID certificate). Based upon
petitioner to relief. A requestor/ written statement of position on the this information, the Secretary will
petitioner who fails to satisfy these issues, but may not otherwise establish an electronic docket for the
requirements with respect to at least one participate in the proceeding. A limited hearing in this proceeding if the
contention will not be permitted to appearance may be made at any session Secretary has not already established an
participate as a party. of the hearing or at any prehearing electronic docket.
Those permitted to intervene become conference, subject to the limits and Information about applying for a
parties to the proceeding, subject to any conditions as may be imposed by the digital ID certificate is available on the
limitations in the order granting leave to presiding officer. Persons desiring to NRC’s public Web site at http://
intervene, and have the opportunity to make a limited appearance are www.nrc.gov/site-help/e-submittals/
participate fully in the conduct of the requested to inform the Secretary of the getting-started.html. System
hearing with respect to resolution of Commission by November 2, 2015. requirements for accessing the E-
that person’s admitted contentions, Submittal server are detailed in the
including the opportunity to present The Commission requests that each NRC’s ‘‘Guidance for Electronic
evidence and to submit a motion for contention be given a separate numeric Submission,’’ which is available on the
cross-examination of witnesses, or alpha designation within one of the agency’s public Web site at http://
consistent with NRC regulations, following groups: (1) Technical www.nrc.gov/site-help/e-
policies, and procedures. The Atomic (primarily related to safety concerns; (2) submittals.html. Participants may
Safety and Licensing Board will set the Environmental; or (3) Miscellaneous. attempt to use other software not listed
time and place for any prehearing As specified in 10 CFR 2.309, if two on the Web site, but should note that the
conferences and evidentiary hearings, or more requestors/petitioners seek to NRC’s E-Filing system does not support
tkelley on DSK3SPTVN1PROD with NOTICES

and the appropriate notices will be co-sponsor a contention or propose unlisted software, and the NRC Meta
provided. substantially the same contention, the System Help Desk will not be able to
Petitions for leave to intervene must requestors/petitioners will be required offer assistance in using unlisted
be filed no later than 60 days from the to jointly designate a representative who software.
date of publication of this notice. shall have the authority to act for the If a participant is electronically
Requests for hearing, petitions for leave requestors/petitioners with respect to submitting a document to the NRC in
to intervene, and motions for leave to the contention. accordance with the E-Filing rule, the

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Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices 53335

Maryland 20852. The email address for those documents. These conditions may with jurisdiction pursuant to 10 CFR
the Office of the Secretary and the include, but are not limited to, the 2.318(a); or (c) another officer, if that
Office of the General Counsel are signing of a Non-Disclosure Agreement officer has been designated to rule on
Hearing.Docket@nrc.gov and or Affidavit, or Protective Order 2 setting information access issues.
OGCmailcenter@nrc.gov, respectively.1 forth terms and conditions to prevent H. Review of Grants of Access. A
The request must include the following the unauthorized or inadvertent party other than the requester may
information: disclosure of SUNSI by each individual challenge an NRC staff determination
(1) A description of the licensing who will be granted access to SUNSI. granting access to SUNSI whose release
action with a citation to this Federal F. Filing of Contentions. Any would harm that party’s interest
Register notice; contentions in these proceedings that independent of the proceeding. Such a
(2) The name and address of the are based upon the information received challenge must be filed with the Chief
potential party and a description of the as a result of the request made for Administrative Judge within 5 days of
potential party’s particularized interest SUNSI must be filed by the requestor no the notification by the NRC staff of its
that could be harmed by the action later than 25 days after the requestor is grant of access.
identified in C.(1); and granted access to that information. If challenges to the NRC staff
(3) The identity of the individual or However, if more than 25 days remain determinations are filed, these
entity requesting access to SUNSI and between the dates the petitioner is procedures give way to the normal
the requester’s basis for the need for the granted access to the information and process for litigating disputes
information in order to meaningfully the deadline for filing all other concerning access to information. The
participate in this adjudicatory contentions (as established in the notice availability of interlocutory review by
proceeding. In particular, the request of hearing or opportunity for hearing), the Commission of orders ruling on
must explain why publicly-available the petitioner may file its SUNSI such NRC staff determinations (whether
versions of the information requested contentions by that later deadline. This granting or denying access) is governed
would not be sufficient to provide the provision does not extend the time for by 10 CFR 2.311.3
basis and specificity for a proffered filing a request for a hearing and I. The Commission expects that the
contention. petition to intervene, which must NRC staff and presiding officers (and
D. Based on an evaluation of the comply with the requirements of 10 CFR any other reviewing officers) will
information submitted under paragraph 2.309. consider and resolve requests for access
C.(3) the NRC staff will determine G. Review of Denials of Access. to SUNSI, and motions for protective
within 10 days of receipt of the request (1) If the request for access to SUNSI orders, in a timely fashion in order to
whether: is denied by the NRC staff after a minimize any unnecessary delays in
(1) There is a reasonable basis to determination on standing and need for identifying those petitioners who have
believe the petitioner is likely to access, the NRC staff shall immediately standing and who have propounded
establish standing to participate in this notify the requestor in writing, briefly contentions meeting the specificity and
NRC proceeding; and stating the reason or reasons for the basis requirements in 10 CFR part 2.
(2) The requestor has established a denial. Attachment 1 to this Order summarizes
legitimate need for access to SUNSI. (2) The requester may challenge the the general target schedule for
E. If the NRC staff determines that the NRC staff’s adverse determination by processing and resolving requests under
requestor satisfies both D.(1) and D.(2) filing a challenge within 5 days of these procedures.
above, the NRC staff will notify the receipt of that determination with: (a)
It is so ordered.
requestor in writing that access to The presiding officer designated in this
SUNSI has been granted. The written proceeding; (b) if no presiding officer Dated at Rockville, Maryland, this 27th day
notification will contain instructions on has been appointed, the Chief of August, 2015.
how the requestor may obtain copies of Administrative Judge, or if he or she is For the Nuclear Regulatory Commission.
the requested documents, and any other unavailable, another administrative Annette L. Vietti-Cook,
conditions that may apply to access to judge, or an administrative law judge Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/activity

0 ...................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instruc-
tions for access requests.
10 .................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information for the
potential party to participate meaningfully in an adjudicatory proceeding.
60 .................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
tkelley on DSK3SPTVN1PROD with NOTICES

1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non- 3 Requesters should note that the filing

intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must requirements of the NRC’s E-Filing Rule (72 FR
filing requirements of the NRC’s ‘‘E-Filing Rule,’’ be filed with the presiding officer or the Chief 49139; August 28, 2007) apply to appeals of NRC
the initial request to access SUNSI under these Administrative Judge if the presiding officer has not staff determinations (because they must be served
procedures should be submitted as described in this yet been designated, within 30 days of the deadline on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
paragraph. for the receipt of the written access request.
submitted to the NRC staff under these procedures.

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Document Created: 2015-12-15 09:56:22
Document Modified: 2015-12-15 09:56:22
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License renewal application; receipt, opportunity to request a hearing and to petition for leave to intervene; order.
Dates		Requests for a hearing or petition for leave to intervene must be filed by November 2, 2015. Any potential party as defined in Sec. 2.1 of Title 10 of the Code of Federal Regulations (10 CFR) who believes access to Sensitive Unclassified Non-Safeguards Information (SUNSI) is necessary to respond to this notice must request document access by September 14, 2015.
Contact		Breeda Reilly, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7553; email: [email protected]
FR Citation		80 FR 53332