81 FR 73148 - Rhode Island Atomic Energy Commission; Rhode Island Nuclear Science Center Reactor

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 205 (October 24, 2016)

The U.S. Nuclear Regulatory Commission (NRC) is considering an application for the renewal of Facility Operating License No. R-95, which currently authorizes the Rhode Island Atomic Energy Commission (RIAEC or the licensee) to operate the Rhode Island Nuclear Science Center (RINSC) reactor at a maximum steady-state thermal power of 2 megawatts (MW). The RINSC reactor is a plate type fueled research reactor located at the University of Rhode Island Narragansett Bay Campus, in Narragansett, Rhode Island. If approved, the renewed license would authorize the licensee to operate the RINSC reactor up to a steady-state thermal power of 2 MW for an additional 20 years from the date of issuance of the renewed license. Because the license renewal application contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation.

[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73148-73153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25607]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-193; NRC-2016-0213]


Rhode Island Atomic Energy Commission; Rhode Island Nuclear 
Science Center Reactor

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for the renewal of Facility Operating License No. R-95, 
which currently authorizes the Rhode Island Atomic Energy Commission 
(RIAEC or the licensee) to operate the Rhode Island Nuclear Science 
Center (RINSC) reactor at a maximum steady-state thermal power of 2 
megawatts (MW). The RINSC reactor is a plate type fueled research 
reactor located at the University of Rhode Island Narragansett Bay 
Campus, in Narragansett, Rhode Island. If approved, the renewed license 
would authorize the licensee to operate the RINSC reactor up to a 
steady-state thermal power of 2 MW for an additional 20 years from the 
date of issuance of the renewed license. Because the license renewal 
application contains sensitive unclassified non-safeguards information 
(SUNSI), an order imposes procedures to obtain access to SUNSI for 
contention preparation.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by December 23, 2016. Any potential party as defined in Sec.  
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by November 3, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0213 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-2016-0213. 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]. 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: Patrick Boyle, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3936; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering an application for the renewal of Facility 
Operating License No. R-95, which authorizes the licensee to operate 
the RINSC reactor, located at the University of Rhode Island 
Narragansett Bay Campus, at a maximum steady-state thermal power of 2 
MW. The renewed license would authorize the licensee to operate the 
RINSC reactor up to a steady-state thermal power of 2 MW for an 
additional 20 years from the date of issuance of the renewed license.
    By letter dated May 3, 2004, and as supplemented by various letters 
referenced in Section IV, ``Availability of Documents'' of this notice, 
the NRC received an application from the licensee filed pursuant to 
Sec.  50.51(a) to renew Facility Operating License No. R-95 for the 
RINSC reactor. The application contains SUNSI.
    Based on its initial review of the application, the NRC staff 
determined that the licensee submitted sufficient information in 
accordance with Sec. Sec.  50.33 and 50.34 and that the application is 
acceptable for docketing. The current docket, Docket No. 50-193, for 
Facility Operating License No. R-95 will be retained. The docketing of 
the renewal application does not preclude requests for additional 
information as the review proceeds, nor does it predict whether the 
Commission will grant or deny the requested renewed license. Prior to a 
decision to renew the license, the Commission will make findings 
required by the Atomic Energy Act of 1954, as amended (the Act), and 
the Commission's rules and regulations.

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 (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to the action. Petitions shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested persons should consult a current copy of 10 CFR 
2.309, which is available at the NRC's PDR, located at One White Flint 
North, Room O1-F21, 11555 Rockville Pike (first floor), 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 petition is filed

[[Page 73149]]

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 petition, and the Secretary 
or the Chief Administrative Judge of the Atomic Safety and Licensing 
Board Panel will issue a notice of hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition 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 with particular reference to the following general 
requirements: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest. The petition 
must also set forth the specific contentions which the 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 
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 petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner 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 to support 
its position on the issue. 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 proceeding. The contention must be one 
which, if proven, would entitle the petitioner to relief. A 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 request 
permission to cross-examine witnesses, consistent with the NRC's 
regulations, policies, and procedures.
    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 December 23, 2016. 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 set forth in this section, except that under 10 CFR 
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. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

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 (hereinafter 
``petition''), 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, as amended at 77 
FR 46562; August 3, 2012). 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 participant 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 petition (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 available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing 
is considered complete at the time the documents are submitted through

[[Page 73150]]

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 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 Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
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 Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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, 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 petition 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.

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.

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             Document                       ADAMS Accession No.
------------------------------------------------------------------------
``Rhode Island Atomic Energy       ML14038A386
 Commission--`Requesting Renewal
 of Operating License R-095
 (Enclosure 2)' [REDACTED Safety
 Analysis Report],'' May 3, 2004.
``Rhode Island Atomic Energy       ML041270519
 Commission, Requesting Renewal
 of Operating License R-095,''
 May 3, 2004.
``Rhode Island Atomic Energy       ML093270017
 Commission, Request for
 Additional Information Re: The
 Rhode Island Nuclear Science
 Center Reactor License Renewal
 (Tac ME1598),'' November 24,
 2009.
``Response to Request for          ML100270176
 Additional Information
 Concerning Plans for
 Decommissioning Facility at the
 End of Useful Life Ref Item 3
 Parts a, b, and c,'' January 19,
 2010.
``Rhode Island Nuclear Science     ML102240257
 Center Reactor Submittal of
 Response to Request for
 Additional Information Re
 License Renewal,'' August 6,
 2010.
``Responding to Requests for       ML102360440
 Additional Information (RAI)
 regarding our Analysis of the
 Maximum Hypothetical Accident
 (MHA) for Renewal of License R-
 95,'' August 18, 2010.
``Memorandum Steady-State Thermal- ML16062A376
 Hydraulic Analysis for
 Forced[dash]Convective Flow in
 the Rhode Island Nuclear Science
 (RINSC) Reactor,'' September 3,
 2010.
``Rhode Island Atomic Energy       ML16279A516
 Commission, Fourth Response to
 Request for Additional
 Information dated April 23, 2010
 (Redacted),'' September 8, 2010.
``Rhode Island Atomic Energy       ML16279A518
 Commission Fifth Response to
 April 13, 2010 Request for
 Additional Information
 (Regarding License Renewal
 redacted),'' November 26, 2010.
``Rhode Island Atomic Energy       ML103490242
 Commission--Response to Requests
 for Additional Information
 Regarding Aging Issues Raised in
 RAIs,'' December 7, 2010.
``Rhode Island Atomic Energy       ML16279A519
 Commission Response to April 13,
 2010, Request for Additional
 Information Regarding License
 Renewal Technical Specifications
 (Redacted),'' December 14, 2010.
``Reply to your Request for        ML110320416
 Additional Information (RAI)
 dated April 13, 2010, regarding
 License Renewal for the Rhode
 Island Nuclear Science Center
 Reactor (RINSC),'' January 24,
 2011.
``Letter re: Request for           ML110600699
 Additional Information dated
 April 13, 2010 Regarding License
 Renewal for the Rhode Island
 Nuclear Science Center Reactor
 (RINSC),'' February 24, 2011.
``Rhode Island Atomic Energy       ML11202A287
 Commission Response to Request
 for Additional Information
 Regarding License Renewal,''
 July 15, 2011.
``Rhode Island Atomic Energy       ML16279A520
 Commission Tenth Response to the
 April 13, 2010, Request for
 Additional Information Regarding
 License Renewal (Redacted),''
 July 15, 2011.

[[Page 73151]]

 
``Rhode Island Atomic Energy       ML16279A521
 Commission Responses to Request
 for Additional Information
 Regarding License Renewal
 (Redacted),'' July 15, 2011.
``Rhode Island Nuclear Science     ML11202A290
 Center Tenth Response to NRC
 Request for Additional
 Information dated April 13,
 2010, Pages 126 Through 204,''
 July 15, 2011.
``Rhode Island Atomic Energy       ML121350815
 Commission--Request for
 Additional Information Regarding
 the Rhode Island Nuclear
 Sciences Center Reactor License
 Renewal (TAC No. ME1598),''
 December 17, 2012.
``Response to NRC's Request for    ML13080A361
 Additional Information Regarding
 Rhode Island Nuclear Science
 Center Reactor License
 Renewal,'' March 15, 2013.
``Response to NRC's Request for    ML13080A362
 Additional Information Regarding
 Rhode Island Nuclear Science
 Center Reactor License
 Renewal,'' March 15, 2013.
``Response to NRC's Request for    ML13080A364
 Additional Information Regarding
 Rhode Island Nuclear Science
 Center Reactor License Renewal,
 Proposed Technical Specification
 130314,'' March 15, 2013.
``Response to Request for          ML13260A474
 Additional Information Regarding
 Financial Qualifications for the
 RINSC Reactor License Renewal,''
 September 16, 2013.
``Rhode Island Atomic Energy       ML14006A420
 Commission License Renewal
 Historical Resource Impact
 Response Letter,'' December 19,
 2013.
``Rhode Island Atomic Energy       ML14007A728
 Commission--Request For
 Additional Information Regarding
 Financial Qualifications For The
 Rhode Island Nuclear Science
 Center Reactor License
 Renewal,'' January 9, 2014.
``Response to Request for          ML14057A639
 Additional Information Regarding
 Requalification Plan for the
 RINSC Reactor License Renewal,''
 February 24, 2014.
``Compilation of All Submitted     ML14126A192
 Requests for Additional
 Information for the Rhode Island
 Nuclear Science Center Reactor
 License Renewal. Part 1 of 3,''
 April 28, 2014.
``Rhode Island Atomic Energy       ML16279A523
 Commission Consolidated
 Responses to Request for
 Additional Information Regarding
 License Renewal. Part 2 of 3
 (Redacted),'' April 28, 2014.
``Compilation of All Submitted     ML14126A195
 Requests for Additional
 Information for the Rhode Island
 Nuclear Science Center Reactor
 License Renewal. Part 3 of 3,''
 April 28, 2014.
``Rhode Island Nuclear Science     ML14184B361
 Center Reactor--Updated Proposed
 Technical Specifications,'' June
 30, 2014.
``Rhode Island Nuclear Science     ML15223A953
 Center Updated Technical
 Specifications,'' August 7, 2015.
``Rhode Island Nuclear Science     ML15223A952
 Center Submittal of Updated
 Proposed Technical
 Specification,'' August 11, 2015.
``Summary of Changes to the        ML15223A954
 Proposed Technical
 Specifications,'' August 11,
 2015.
``Contractor Comments and          ML15223A955
 Responses,'' August 11, 2015.
``Rhode Island, Request for        ML15243A011
 Additional Information,''
 September 3, 2015.
``Rhode Island Nuclear Science     ML16062A378
 Center Transient Analyses
 Revised January 20, 2016,''
 January 20, 2016.
``Rhode Island Nuclear Science     ML16062A380
 Center Technical
 Specifications,'' February 26,
 2016.
``Rhode Island Atomic Energy       ML16062A373
 Commission--Response to Requests
 for Additional Information dated
 September 3, 2015,'' March 1,
 2016.
``Fuel Failure Addendum 160229,''  ML16062A381
 March 1, 2016.
``New Transient Analysis Results   ML16062A379
 160226,'' March 1, 2016.
``150903 RAI Responses 160301,''   ML16062A374
 March 1, 2016.
``Core Change Summary for          ML16062A375
 Conversion from RINSC LEU Core
 #5 to LEU Core #6,'' March 1,
 2016.
``[RINSC] Fuel Failure Analysis    ML16062A382
 [Dose Table],'' March 1, 2016.
------------------------------------------------------------------------

    Portions of the license renewal application and its supporting 
documents contain SUNSI. These portions will not be available to the 
public. Any person requesting access to SUNSI must 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 hearing 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 of this notice 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, 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:
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    \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

[[Page 73152]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 date 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 requestor 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) officer if that officer has been 
designated to rule on information access issues.
    H. Review of Grants of Access. A party other than the requestor 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\
---------------------------------------------------------------------------

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) 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.
---------------------------------------------------------------------------

    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 proposed contentions 
meeting the specificity and basis requirements in 10 CFR part 2. 
Attachment 1 to the Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 19th day of October, 2016.
    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 in order 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).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requestor 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'' or no
                            likelihood of standing, the deadline for
                            petitioner/requestor 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.

[[Page 73153]]

 
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. 2016-25607 Filed 10-21-16; 8:45 am]
 BILLING CODE 7590-01-P