83 FR 32919 - Holtec International's HI-STORE Consolidated Interim Storage Facility for Interim Storage of Spent Nuclear Fuel

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 136 (July 16, 2018)

Page Range		32919-32925
FR Document		2018-15079
The U.S. Nuclear Regulatory Commission (NRC) received a license application from Holtec International (Holtec), by letter dated March 30, 2017, as supplemented on April 13, October 6, December 21, and 22, 2017; and February 22, 2018. By this application, Holtec is requesting authorization to construct and operate the HI-STORE Consolidated Interim Storage (CIS) Facility, in Lea County, New Mexico. If the NRC approves the application and issues a license to Holtec, Holtec intends to store up to 8,680 metric tons of uranium (MTU) of commercial spent nuclear fuel in the HI-STORM UMAX Canister Storage System for a 40-year license term.
Federal Register, Volume 83 Issue 136 (Monday, July 16, 2018)
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32919-32925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15079]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1051; NRC-2018-0055]


Holtec International's HI-STORE Consolidated Interim Storage 
Facility for Interim Storage of Spent Nuclear Fuel

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a 
license application from Holtec International (Holtec), by letter dated 
March 30, 2017, as supplemented on April 13, October 6, December 21, 
and 22, 2017; and February 22, 2018. By this application, Holtec is 
requesting authorization to construct and operate the HI-STORE 
Consolidated Interim Storage (CIS) Facility, in Lea County, New Mexico. 
If the NRC approves the application and issues a license to Holtec, 
Holtec intends to store up to 8,680 metric tons of uranium (MTU) of 
commercial spent nuclear fuel in the HI-STORM UMAX Canister Storage 
System for a 40-year license term.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by September 14, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0055 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0055. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.

[[Page 32920]]

     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: Jose R. Cuadrado, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0606; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received an application from Holtec for a specific license 
pursuant to part 72 of title 10 of the Code of Federal Regulations (10 
CFR), ``Licensing Requirements for the Independent Storage of Spent 
Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater 
Than Class C Waste.'' On March 19, 2018, notice of the NRC's acceptance 
and docketing of the application and the public availability of the 
application was provided in the Federal Register (83 FR 12034).
    Holtec is proposing to construct and operate the HI-STORE 
Consolidated Interim Storage (CIS) Facility on a large parcel of 
presently unused land owned by the Eddy-Lea Energy Alliance (ELEA), 
LLC. The ELEA was formed in 2006 in accordance with enabling 
legislation passed in New Mexico and consists of an alliance of the 
city of Carlsbad, Eddy County, the city of Hobbs, and Lea County. The 
proposed site for the CIS facility is located in southeastern New 
Mexico in Lea County, 32 miles east of Carlsbad, New Mexico, and 34 
miles west of Hobbs, New Mexico.
    Holtec is proposing to construct and operate Phase 1 of the CIS 
facility within an approximately 1,040 acre parcel. Holtec is currently 
requesting authorization to possess and store 500 canisters of spent 
nuclear fuel (SNF) containing up to 8,680 metric tons of uranium 
(MTUs), which includes spent uranium-based fuel from commercial nuclear 
reactors, as well as a small quantity of spent mixed-oxide fuel. If the 
NRC issues the requested license, Holtec expects to subsequently 
request additional amendments to the initial license to expand the 
storage capacity of the facility. In its plans, Holtec proposes 
expanding the facility in 19 subsequent expansion phases, each for an 
additional 500 canisters, to be completed over the course of 20 years. 
Ultimately, Holtec anticipates that approximately 10,000 canisters of 
SNF would be stored at the CIS facility upon completion of 20 phases. 
Each phase would require NRC review and approval.
    According to its application, Holtec intends to only use the HI-
STORM UMAX Canister Storage System for storage of spent nuclear fuel 
canisters at the facility. The HI-STORM UMAX Canister Storage System 
stores the canister containing SNF entirely below-ground, providing a 
clear, unobstructed view of the entire CIS facility from any location.

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 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 part 2. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. A copy of the regulations 
is also 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 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.
    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 no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance

[[Page 32921]]

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. 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 website 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 website 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 website 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 may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website 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. 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.

IV. Availability of Documents

    The documents identified in this Federal Register notice are 
accessible to interested persons in ADAMS under the accession numbers 
identified in the table below.

[[Page 32922]]



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                    Title                         ADAMS accession No.
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Holtec International HI-STORE CIS License      ML17115A431
 Application.
NRC request for supplemental information.....  ML17191A356, ML17191A478
Holtec letter with schedule for response to    ML17206A203
 NRC request for supplemental information.
Holtec's October 6, 2017, information          ML17310A21
 submittal in response to NRC request for
 supplemental information.
Holtec's December 21, 2017, information        ML17362A097
 submittal in response to NRC request for
 supplemental information.
Holtec's December 22, 2017, information        ML18011A158
 submittal in response to NRC request for
 supplemental information.
Holtec's February 22, 2018, information        ML18058A617
 submittal in response to proprietary
 information determination.
NRC letter accepting application for review..  ML18059A251
NRC Federal Register Notice of docketing       ML18058A171
 Holtec license application.
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V. 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 Deputy 
General Counsel for Hearings 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:
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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 and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
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    (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
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    \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.
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    (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 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) website, a secure 
website 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\
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    \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.
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    (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

[[Page 32923]]

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.
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (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-07-D04M, 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\
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    \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.
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    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.
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    \6\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement 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.
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    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 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

[[Page 32924]]

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 10th of July 2018.

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


[[Page 32925]]

[FR Doc. 2018-15079 Filed 7-13-18; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32923

all persons with access to SGI must be (2) The requestor has established a are based upon the information received
fingerprinted for an FBI identification legitimate need for access to SUNSI or as a result of the request made for
and criminal history records check. need to know the SGI requested. SUNSI or SGI must be filed by the
(d) A check or money order payable F. For requests for access to SUNSI, if requestor no later than 25 days after
in the amount of $324.00 4 to the U.S. the NRC staff determines that the receipt of (or access to) that information.
Nuclear Regulatory Commission for requestor satisfies both E.(1) and E.(2) However, if more than 25 days remain
each individual for whom the request above, the NRC staff will notify the between the petitioner’s receipt of (or
for access has been submitted. requestor in writing that access to access to) the information and the
(e) If the requestor or any SUNSI has been granted. The written deadline for filing all other contentions
individual(s) who will have access to notification will contain instructions on (as established in the notice of hearing
SGI believes they belong to one or more how the requestor may obtain copies of or opportunity for hearing), the
of the categories of individuals that are the requested documents, and any other petitioner may file its SUNSI or SGI
exempt from the criminal history conditions that may apply to access to contentions by that later deadline.
records check and background check those documents. These conditions may J. Review of Denials of Access.
requirements in 10 CFR 73.59, the include, but are not limited to, the (1) If the request for access to SUNSI
requestor should also provide a signing of a Non-Disclosure Agreement or SGI is denied by the NRC staff either
statement identifying which exemption or Affidavit, or Protective Order setting after a determination on standing and
the requestor is invoking and explaining forth terms and conditions to prevent requisite need, or after a determination
the requestor’s basis for believing that the unauthorized or inadvertent on trustworthiness and reliability, the
the exemption applies. While disclosure of SUNSI by each individual NRC staff shall immediately notify the
processing the request, the Office of who will be granted access to SUNSI.5 requestor in writing, briefly stating the
Administration, Personnel Security G. For requests for access to SGI, if the reason or reasons for the denial.
Branch, will make a final determination NRC staff determines that the requestor (2) Before the Office of
whether the claimed exemption applies. has satisfied both E.(1) and E.(2) above, Administration makes a final adverse
Alternatively, the requestor may contact the Office of Administration will then determination regarding the
the Office of Administration for an determine, based upon completion of trustworthiness and reliability of the
evaluation of their exemption status the background check, whether the proposed recipient(s) for access to SGI,
prior to submitting their request. proposed recipient is trustworthy and the Office of Administration, in
Persons who are exempt from the reliable, as required for access to SGI by accordance with 10 CFR 2.336(f)(1)(iii),
background check are not required to 10 CFR 73.22(b). If the Office of must provide the proposed recipient(s)
complete the SF–85 or Form FD–258; Administration determines that the any records that were considered in the
however, all other requirements for individual or individuals are trustworthiness and reliability
access to SGI, including the need to trustworthy and reliable, the NRC will determination, including those required
know, are still applicable. promptly notify the requestor in writing. to be provided under 10 CFR
Note: Copies of documents and The notification will provide the names 73.57(e)(1), so that the proposed
materials required by paragraphs of approved individuals as well as the recipient(s) have an opportunity to
C.(4)(b), (c), and (d) of this Order must conditions under which the SGI will be correct or explain the record.
be sent to the following address: U.S. provided. Those conditions may (3) The requestor may challenge the
Nuclear Regulatory Commission, ATTN: include, but are not limited to, the NRC staff’s adverse determination with
Personnel Security Branch, Mail Stop signing of a Non-Disclosure Agreement respect to access to SUNSI or with
TWFN–07–D04M, 11555 Rockville Pike, or Affidavit, or Protective Order 6 by respect to standing or need to know for
Rockville, MD 20852. each individual who will be granted SGI by filing a challenge within 5 days
These documents and materials access to SGI. of receipt of that determination with: (a)
should not be included with the request H. Release and Storage of SGI. Prior The presiding officer designated in this
letter to the Office of the Secretary, but to providing SGI to the requestor, the proceeding; (b) if no presiding officer
the request letter should state that the NRC staff will conduct (as necessary) an has been appointed, the Chief
forms and fees have been submitted as inspection to confirm that the Administrative Judge, or if he or she is
required. recipient’s information protection unavailable, another administrative
D. To avoid delays in processing system is sufficient to satisfy the judge, or an Administrative Law Judge
requests for access to SGI, the requestor requirements of 10 CFR 73.22. with jurisdiction pursuant to 10 CFR
should review all submitted materials Alternatively, recipients may opt to 2.318(a); or (c) if another officer has
for completeness and accuracy view SGI at an approved SGI storage been designated to rule on information
(including legibility) before submitting location rather than establish their own access issues, with that officer.
them to the NRC. The NRC will return SGI protection program to meet SGI (4) The requestor may challenge the
incomplete packages to the sender protection requirements. Office of Administration’s final adverse
without processing. I. Filing of Contentions. Any determination with respect to
E. Based on an evaluation of the contentions in these proceedings that trustworthiness and reliability for access
information submitted under paragraphs to SGI by filing a request for review in
C.(3) or C.(4) above, as applicable, the 5 Any motion for Protective Order or draft Non- accordance with 10 CFR 2.336(f)(1)(iv).
NRC staff will determine within 10 days Disclosure Affidavit or Agreement for SUNSI must (5) Further appeals of decisions under
be filed with the presiding officer or the Chief this paragraph must be made pursuant
of receipt of the request whether: Administrative Judge if the presiding officer has not
sradovich on DSK3GMQ082PROD with NOTICES

(1) There is a reasonable basis to yet been designated, within 30 days of the deadline
to 10 CFR 2.311.
for the receipt of the written access request. K. Review of Grants of Access. A
believe the petitioner is likely to
6 Any motion for Protective Order or draft Non- party other than the requestor may
establish standing to participate in this
Disclosure Affidavit or Agreement for SGI must be challenge an NRC staff determination
NRC proceeding; and filed with the presiding officer or the Chief granting access to SUNSI whose release
Administrative Judge if the presiding officer has not
4 This fee is subject to change pursuant to the yet been designated, within 180 days of the
would harm that party’s interest
Office of Personnel Management’s adjustable billing deadline for the receipt of the written access independent of the proceeding. Such a
rates. request. challenge must be filed within 5 days of

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32924 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

the notification by the NRC staff of its process for litigating disputes who have standing and who have
grant of access and must be filed with: concerning access to information. The propounded contentions meeting the
(a) The presiding officer designated in availability of interlocutory review by specificity and basis requirements in 10
this proceeding; (b) if no presiding the Commission of orders ruling on CFR part 2. The attachment to this
officer has been appointed, the Chief such NRC staff determinations (whether Order summarizes the general target
Administrative Judge, or if he or she is granting or denying access) is governed schedule for processing and resolving
unavailable, another administrative by 10 CFR 2.311.7 requests under these procedures.
judge, or an Administrative Law Judge L. The Commission expects that the
with jurisdiction pursuant to 10 CFR NRC staff and presiding officers (and It is so ordered.
2.318(a); or (c) if another officer has any other reviewing officers) will Dated at Rockville, Maryland, this 10th of
been designated to rule on information consider and resolve requests for access July 2018.
access issues, with that officer. to SUNSI or SGI, and motions for For the Nuclear Regulatory Commission.
If challenges to the NRC staff protective orders, in a timely fashion in Annette L. Vietti-Cook,
determinations are filed, these order to minimize any unnecessary
procedures give way to the normal delays in identifying those petitioners 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 in-
structions 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; dem-
onstrating 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 pro-
ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-
hood 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 (in-
cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-
dacted 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 revers-
ing a final adverse determination by the NRC staff.
A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing
the protective order.
A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more
than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other
contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-
tioner 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.
sradovich on DSK3GMQ082PROD with NOTICES

7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request
requirements of the NRC’s E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.
49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as

VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 9990 E:\FR\FM\16JYN1.SGM 16JYN1
Document Created: 2018-07-14 00:53:28
Document Modified: 2018-07-14 00:53:28
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License application; opportunity to request a hearing and to petition for leave to intervene; order.
Dates		A request for a hearing or petition for leave to intervene must be filed by September 14, 2018.
Contact		Jose R. Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0606; email: [email protected]
FR Citation		83 FR 32919