82 FR 16436 - Tennessee Valley Authority; Clinch River Nuclear Site Early Site Permit Application and Associated Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 63 (April 4, 2017)
Federal Register Volume 82, Issue 63 (April 4, 2017)
| Page Range | 16436-16442 | |
| FR Document | 2017-06625 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16436-16442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06625] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 52-047; NRC-2016-0119] Tennessee Valley Authority; Clinch River Nuclear Site Early Site Permit Application and Associated Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Notice of hearing and opportunity to petition for leave to intervene; order imposing procedures. ----------------------------------------------------------------------- SUMMARY: On May 12, 2016, the Tennessee Valley Authority (TVA) [[Page 16437]] submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for an early site permit (ESP) for the Clinch River Nuclear (CRN) Site located in Oak Ridge, Tennessee. A notice of receipt and availability of this application was published in the Federal Register on June 23, 2016. The TVA also provided supplemental information in support of the application to the NRC. Notice of the NRC's docketing of the application was published in the Federal Register on January 12, 2017. A hearing will be held, at a time and place to be set in the future by the NRC or designated by the Atomic Safety and Licensing Board (Board). The hearing will consider the application dated May 12, 2016. DATES: A request for hearing or petition for leave to intervene must be filed by June 5, 2017. Any potential party, as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to sensitive unclassified non-safeguards information (SUNSI) and/or safeguards information (SGI) is necessary to respond to this notice must request document access by April 14, 2017. ADDRESSES: Please refer to Docket ID NRC-2016-0119 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-2016-0119. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individuals 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 is available in ADAMS) is provided the first time that it is mentioned in 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: Allen Fetter, telephone: 301-415-8556, email: [email protected]; or Mallecia Sutton, telephone: 301-415- 0673, email: [email protected]. Both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), and the regulations in 10 CFR part 2, ``Agency Rules of Practice and Procedure,'' 10 CFR part 50, ``Domestic Licensing of Production and Utilization Facilities,'' and 10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' notice is hereby given that a hearing will be held, at a time and place to be set in the future by the NRC or designated by the Board. The hearing will consider the application dated May 12, 2016 (ADAMS Accession No. ML16153A282), filed by TVA, pursuant to subpart A of 10 CFR part 52, for an early site permit. The application requests approval of an ESP for the CRN Site to be located in Oak Ridge, Tennessee. The notice of the NRC's receipt of the application was published in the Federal Register on June 23, 2016 (81 FR 40929). The notice of the NRC's docketing of the application was published in the Federal Register on January 12, 2017 (82 FR 3812). The docket number established for this application is 52-047. The CRN Site ESP application uses technical information from various certified and proposed designs to develop a plant parameter envelope for facility characterization necessary to assess the suitability of the site for any future construction and operation of a nuclear power plant. The hearing will be conducted by a Board that will be designated by the Chief Judge of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board would be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report (SER). The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23, ``Referral to the ACRS,'' and the ACRS will report on those portions of the application that concern safety. The NRC staff will also complete an environmental review of the application and will document its findings in an environmental impact statement (EIS) in accordance with the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in 10 CFR part 51. II. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave 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. 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/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (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. In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in 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 must 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 the specific sources and documents on which the [[Page 16438]] petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must 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 the requirements at 10 CFR 2.309(f) 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. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the 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) through (iii). The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. 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 June 5, 2017. 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. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at 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 his or her 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 and petition for leave to intervene (petition), 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 that request to participate 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. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (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. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must 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 document is 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 document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system [[Page 16439]] may seek assistance by contacting the NRC's 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 6 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 adjudicatory documents 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 https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. 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. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information and Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information (including Sensitive Unclassified Non- Safeguards Information (SUNSI) and Safeguards Information (SGI)). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this Order is intended to conflict with the SGI regulations. 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 or SGI is necessary to respond to this notice may request access to SUNSI or SGI. 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 or SGI 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 requestor shall submit a letter requesting permission to access SUNSI, SGI, or both 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, U.S. Nuclear Regulatory Commission, 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: --------------------------------------------------------------------------- \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 and/or SGI 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); (3) If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestor'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; and (4) If the request is for SGI, the identity of each individual who would have access to SGI if the request is granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI. In addition, the request must contain the following information: (a) A statement that explains each individual's ``need to know'' the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of ``need to know'' as stated in 10 CFR 73.2, the statement must explain: (i) Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; \2\ and --------------------------------------------------------------------------- \2\ Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requestor's need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI. --------------------------------------------------------------------------- (ii) The technical competence (demonstrable knowledge, skill, training or education) of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria. (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive Positions,'' for each individual who would have access to SGI. The completed Form SF-85 will be used by the Office of Administration to conduct [[Page 16440]] the background check required for access to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestor's trustworthiness and reliability. For security reasons, Form SF-85 can only be submitted electronically through the electronic questionnaire for investigations processing (e-QIP) Web site, a secure Web site that is owned and operated by the Office of Personnel Management. To obtain online access to the form, the requestor should contact the NRC's Office of Administration at 301-415-3710.\3\ --------------------------------------------------------------------------- \3\ The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requestor usually should be able to obtain access to the online form within one business day. --------------------------------------------------------------------------- (c) A completed Form FD-258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD-258 may be obtained by writing the Office of Administrative Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email to [email protected]. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check. (d) A check or money order payable in the amount of $324.00 \4\ to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted. --------------------------------------------------------------------------- \4\ This fee is subject to change pursuant to the Office of Personnel Management's adjustable billing rates. --------------------------------------------------------------------------- (e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestor's basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies. Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt from the background check are not required to complete the SF-85 or Form FD-258; however, all other requirements for access to SGI, including the need to know, are still applicable. Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S. Nuclear Regulatory Commission, ATTN: Personnel Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, Rockville, MD 20852. These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required. D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing. E. Based on an evaluation of the information submitted under paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested. F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.(1) and E.(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 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.\5\ --------------------------------------------------------------------------- \5\ 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. --------------------------------------------------------------------------- G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.(1) and E.(2) above, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing. The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \6\ by each individual who will be granted access to SGI. --------------------------------------------------------------------------- \6\ Any motion for Protective Order or draft Non- Disclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct (as necessary) an inspection to confirm that the recipient's information protection system is sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements. I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. J. Review of Denials of Access. (1) If the request for access to SUNSI or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR [[Page 16441]] 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or explain the record. (3) The requestor may challenge the NRC staff's adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within 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) if another officer has been designated to rule on information access issues, with that officer. (4) The requestor may challenge the Office of Administration's final adverse determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv). (5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. K. 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 within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. 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.\7\ --------------------------------------------------------------------------- \7\ Requestors 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/SGI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- L. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI or SGI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment 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 30th of March, 2017. 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 and 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) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60.................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner 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 (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 25.................... If NRC staff finds no ``need,'' no ``need to know,'' or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30.................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40.................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 190................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non- disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). A..................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. [[Page 16442]] A + 28................ Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. A + 53................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60................ (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60............... Decision on contention admission. ------------------------------------------------------------------------ [FR Doc. 2017-06625 Filed 4-3-17; 8:45 am] BILLING CODE 7590-01-P
![16436 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
technical questions, contact the post all comment submissions at http:// records of detailed design related
individual listed in the FOR FURTHER www.regulations.gov as well as enter the information. These licensing procedures
INFORMATION CONTACT section of this comment submissions into ADAMS, are options to the two-step licensing
document. and the NRC does not routinely edit process in 10 CFR part 50, which
• Mail comments to: David Cullison, comment submissions to remove provides for a CP and an OL. The part
Office of the Chief Information Officer, identifying or contact information. 52 licensing process places procedural
Mail Stop: T–2 F43, U.S. Nuclear If you are requesting or aggregating requirements in part 52 and technical
Regulatory Commission, Washington, comments from other persons for requirements in part 50. Part 52 reduces
DC 20555–0001. submission to the NRC, then you should the overall paperwork burden borne by
For additional direction on obtaining inform those persons not to include applicants for CPs and OLs because part
information and submitting comments, identifying or contact information that 52 only requires a single application
see ‘‘Obtaining Information and they do not want to be publicly and provides options for referencing
Submitting Comments’’ in the disclosed in their comment submission. standardized designs. The information
SUPPLEMENTARY INFORMATION section of Your request should state that the NRC in 10 CFR part 52 is needed by the
this document. does not routinely edit comment agency to assess the adequacy and
FOR FURTHER INFORMATION CONTACT: submissions to remove such information suitability of an applicant’s site, plant
David Cullison, Office of the Chief before making the comment design, construction, training and
Information Officer, U.S. Nuclear submissions available to the public or experience, plans and procedures for
Regulatory Commission, Washington, entering the comment into ADAMS. the protection of public health and
DC 20555–0001; telephone: 301–415– II. Background safety.
2084; email: INFOCOLLECTS.Resource@ III. Specific Requests for Comment
NRC.GOV. In accordance with the Paperwork
SUPPLEMENTARY INFORMATION:
Reduction Act of 1995 (44 U.S.C. The NRC is seeking comments that
Chapter 35), the NRC is requesting address the following questions:
I. Obtaining Information and public comment on its intention to 1. Is the proposed collection of
Submitting Comments request the OMB’s approval for the information necessary for the NRC to
A. Obtaining Information information collection summarized properly perform its functions? Does the
below. information have practical utility?
Please refer to Docket ID NRC–2016– 1. The title of the information 2. Is the estimate of the burden of the
0129 when contacting the NRC about collection: 10 CFR part 52, ‘‘Licenses, information collection accurate?
the availability of information for this Certifications, and Approvals for 3. Is there a way to enhance the
action. You may obtain publicly- Nuclear Power Plants.’’ quality, utility, and clarity of the
available information related to this 2. OMB approval number: 3150–0151. information to be collected?
action by any of the following methods: 3. Type of submission: Extension. 4. How can the burden of the
• Federal rulemaking Web site: Go to 4. The form number, if applicable: information collection on respondents
http://www.regulations.gov and search Not applicable. be minimized, including the use of
for Docket ID NRC–2016–0129. A copy 5. How often the collection is required automated collection techniques or
of the collection of information and or requested: On occasion. Applications other forms of information technology?
related instructions may be obtained are submitted only when licensing
without charge by accessing Docket ID action is sought. Dated at Rockville, Maryland, this 30th day
6. Who will be required or asked to of March, 2017.
NRC–2016–0129 on this Web site.
• NRC’s PDR: You may examine and respond: Applicants for early site For the Nuclear Regulatory Commission.
purchase copies of public documents at permits (ESPs), standard design David Cullison,
the NRC’s PDR, Room O1–F21, One approvals (SDAs) and certifications, NRC Clearance Officer, Office of the Chief
White Flint North, 11555 Rockville manufacturing licenses (MLs), and Information Officer.
Pike, Rockville, Maryland 20852. licenses which combine construction [FR Doc. 2017–06633 Filed 4–3–17; 8:45 am]
• NRC’s Clearance Officer: A copy of permits (CPs) and conditional operating BILLING CODE 7590–01–P
the collection of information and related licenses (OLs), e.g. COLs, for
instructions may be obtained without commercial nuclear power reactors.
charge by contacting NRC’s Clearance 7. The estimated number of annual NUCLEAR REGULATORY
Officer, David Cullison, Office of the responses: 1,175 (1,150 reporting COMMISSION
Chief Information Officer, U.S. Nuclear responses plus 25 recordkeepers).
8. The estimated number of annual [Docket No. 52–047; NRC–2016–0119]
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415– respondents: 25. Tennessee Valley Authority; Clinch
2084; email: INFOCOLLECTS.Resource@ 9. The estimated number of hours
River Nuclear Site Early Site Permit
NRC.GOV. needed annually to comply with the
Application and Associated Order
information collection requirement or
B. Submitting Comments Imposing Procedures for Access to
request: 243,854 hours (22,414 hours
Sensitive Unclassified Non-Safeguards
Please include Docket ID NRC–2016– reporting plus 23,440 hours
Information and Safeguards
0129 in the subject line of your recordkeeping).
Information
comment submission, in order to ensure 10. Abstract: The licensing processes
asabaliauskas on DSK3SPTVN1PROD with NOTICES
that the NRC is able to make your in part 52 of title 10 of the Code of AGENCY: Nuclear Regulatory
comment submission available to the Federal Regulations (10 CFR) provide Commission.
public in this docket. for issuance of ESPs, SDAs, MLs, CPs, ACTION: Notice of hearing and
The NRC cautions you not to include and COLs for commercial nuclear power opportunity to petition for leave to
identifying or contact information in reactors. The applicants submit updated intervene; order imposing procedures.
comment submissions that you do not reports, applications for renewals,
want to be publicly disclosed in your exemption requests and maintain SUMMARY: On May 12, 2016, the
comment submission. The NRC will records of changes to the facility and Tennessee Valley Authority (TVA)
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![16442 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
Day Event/activity
A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25
days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI
or SGI contentions by that later deadline.
A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 .... Decision on contention admission.
[FR Doc. 2017–06625 Filed 4–3–17; 8:45 am] SECURITIES AND EXCHANGE Rule.5 On the same day, C2 filed a
BILLING CODE 7590–01–P COMMISSION proposed rule change with the
Commission to incorporate by reference,
[Release No. 34–80339] in new Section F of Chapter 6 of its
rules, the rules contained in Section F
RAILROAD RETIREMENT BOARD Order Granting Application by C2 of Chapter VI of CBOE’s rules.6
Options Exchange, Incorporated for an C2 has requested, pursuant to Rule 0–
Actuarial Advisory Committee With Exemption Pursuant to Section 36(a) of 12 under the Exchange Act,7 that the
Respect to the Railroad Retirement the Exchange Act From the Rule Filing Commission grant the Exchange an
Account; Notice of Public Meeting Requirements of Section 19(b) of the exemption from the rule filing
Exchange Act With Respect to Certain requirements of Section 19(b) of the
Notice is hereby given in accordance Rules Incorporated by Reference Exchange Act for changes to Section F
with Public Law 92–463 that the of Chapter 6 of C2’s rules that are
March 29, 2017. effected solely by virtue of a change to
Actuarial Advisory Committee will hold
a meeting on May 4, 2017 at 10:00 a.m. C2 Options Exchange, Incorporated Section F of Chapter VI of CBOE’s rules.
at the office of the Chief Actuary of the (‘‘C2’’ or ‘‘Exchange’’) has filed with the Specifically, C2 requests that it be
Securities and Exchange Commission permitted to incorporate by reference
U.S. Railroad Retirement Board, 844
(‘‘Commission’’) an application for an changes made to Section F of Chapter VI
North Rush Street, Chicago, Illinois, on
exemption under Section 36(a)(1) of the of CBOE’s rules 8 without the need for
the conduct of the 27th Actuarial C2 to file separately the same proposed
Securities Exchange Act of 1934
Valuation of the Railroad Retirement (‘‘Exchange Act’’) 1 from the rule filing rule changes pursuant to Section 19(b)
System. The agenda for this meeting requirements of Section 19(b) of the of the Exchange Act.9 By virtue of these
will include a discussion of the Exchange Act 2 with respect to certain incorporations by reference, the
assumptions to be used in the 27th rules of the Chicago Board Options requirements applicable to C2 Permit
Actuarial Valuation. A report containing Exchange, Incorporated (‘‘CBOE’’) that Holders 10 will change when the
recommended assumptions and the the Exchange seeks to incorporate by applicable CBOE rules change, without
experience on which the reference. Section 36 of the Exchange the need for C2 to file separately the
recommendations are based will have Act authorizes the Commission to same proposed rule changes pursuant to
been sent by the Chief Actuary to the conditionally or unconditionally Section 19(b) of the Exchange Act.11
Committee before the meeting. exempt any person, security, or The Exchange represents that Section
The meeting will be open to the transaction, or any class thereof, from F of Chapter 6 is a category of Exchange
public. Persons wishing to submit any provision of the Exchange Act or rules (rather than individual rules
rule thereunder, if necessary or within a category) that are not trading
written statements or make oral
appropriate in the public interest and rules, and that the incorporation by
presentations should address their
consistent with the protection of reference of CBOE Chapter VI, Section
communications or notices to the F, which are regulatory rules, is
investors.
Actuarial Advisory Committee, c/o intended to be a comprehensive
Both C2 and CBOE are Participants in
Chief Actuary, U.S. Railroad Retirement
the National Market System Plan
Board, 844 North Rush Street, Chicago, 5 See Securities Exchange Act Release No. 79950
Governing the Consolidated Audit Trail
Illinois 60611–2092. (‘‘CAT NMS Plan’’ or ‘‘Plan’’).3 Each (February 2, 2017), 82 FR 9916 (February 8, 2017).
6 See Securities Exchange Act Release No. 79953
Dated: March 30, 2017. Participant in the CAT NMS Plan is (February 3, 2017), 82 FR 10034 (February 9, 2017).
For the Board. required to enforce compliance by its CBOE and C2’s proposed rule changes were
Martha P. Rico, members with the provisions of the Plan approved by the Commission on March 15, 2017.
by adopting a ‘‘Compliance Rule’’ See Securities Exchange Act Release No. 80256, 82
Secretary to the Board. FR 14526 (March 21, 2017).
applicable to its members.4 On January 7 17 CFR 240.0–12.
[FR Doc. 2017–06623 Filed 4–3–17; 8:45 am]
30, 2017, CBOE filed a proposed rule 8 C2 Chapter 6, Section F states: ‘‘The rules
BILLING CODE 7905–01–P change with the Commission to adopt contained in Section F of CBOE Chapter VI relating
new Section F to Chapter VI of its rules to the Consolidated Audit Trail (CAT) Compliance
to implement the CAT Compliance Rule, as such rules may be in effect from time to
time, shall apply to C2 and are hereby incorporated
asabaliauskas on DSK3SPTVN1PROD with NOTICES
into this Chapter.’’
1 15 U.S.C. 78mm(a)(1). 9 See Letter from Laura G. Dickman, Lead
2 15 U.S.C. 78s(b). Counsel, CBOE, to Brent J. Fields, Secretary,
3 See Securities Exchange Act Release No. 79318 Commission, dated January 30, 2017 (‘‘C2 Letter’’).
(November 15, 2016), 81 FR 84696 (November 23, 10 ‘‘Permit Holder’’ means ‘‘the Exchange
2016) (‘‘CAT NMS Plan Approval Order’’). All recognized holder of a Trading Permit. A Permit
capitalized terms not otherwise defined herein shall Holder is also known as a Trading Permit Holder
have the meaning ascribed to them in the CAT NMS under the Bylaws. Permit Holders are deemed
Plan or CAT NMS Plan Approval Order. ‘members’ under the Exchange Act.’’ C2 Rule 1.1.
4 Id. at 84945, 84950. 11 C2 Letter, supra note 8.
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Document Created: 2017-04-03 23:53:22
Document Modified: 2017-04-03 23:53:22
| 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 | Notice of hearing and opportunity to petition for leave to intervene; order imposing procedures. | |
| Dates | A request for hearing or petition for leave to intervene must be filed by June 5, 2017. Any potential party, as defined in Sec. 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to sensitive unclassified non-safeguards information (SUNSI) and/or safeguards information (SGI) is necessary to respond to this notice must request document access by April 14, 2017. | |
| Contact | Allen Fetter, telephone: 301-415-8556, email: [email protected]; or Mallecia Sutton, telephone: 301-415- 0673, email: [email protected] Both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001. | |
| FR Citation | 82 FR 16436 |
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