83_FR_45096 83 FR 44925 - Protective Order Templates for Hearings on Conformance With the Acceptance Criteria in Combined Licenses

83 FR 44925 - Protective Order Templates for Hearings on Conformance With the Acceptance Criteria in Combined Licenses

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 171 (September 4, 2018)

Page Range44925-44927
FR Document2018-19023

The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on draft protective order templates to be used in hearings associated with closure of inspections, tests, analyses, and acceptance criteria (ITAAC). The templates have the purpose of facilitating quick development of case-specific protective orders to support the accelerated ITAAC hearing schedule. Participants in ITAAC hearings may, but are not required to, use the templates as the basis for proposed protective orders.

Federal Register, Volume 83 Issue 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Notices]
[Pages 44925-44927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19023]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0190]


Protective Order Templates for Hearings on Conformance With the 
Acceptance Criteria in Combined Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft protective order templates; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking public 
comment on draft protective order templates to be used in hearings 
associated with closure of inspections, tests, analyses, and acceptance 
criteria (ITAAC). The templates have the purpose of facilitating quick 
development of case-specific protective orders to support the 
accelerated ITAAC hearing schedule. Participants in ITAAC hearings may, 
but are not required to, use the templates as the basis for proposed 
protective orders.

DATES: Submit comments by October 19, 2018. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
before this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0190. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For other questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael A. Spencer, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission; telephone: 301-
287-9115, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0190 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0190.
     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 ``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, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2018-0190 in your comment submission. 
If you cannot submit your comments on the Federal Rulemaking website, 
http://www.regulations.gov, please contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section of this document.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    On July 1, 2016 (81 FR 43266), the NRC published final procedures 
for hearings on conformance with the acceptance criteria in combined 
licenses (COLs) issued under part 52 of title 10 of the Code of Federal 
Regulations (10 CFR) (ITAAC Hearing Procedures). The acceptance 
criteria are part of the ITAAC included in the COL. In accordance with 
10 CFR 52.103(g), the NRC must find that the acceptance criteria are 
met before facility operation may begin. Section 189a.(1)(B) of the 
Atomic Energy Act of 1954, as amended (AEA), provides members of the 
public an opportunity to request a hearing on the facility's compliance 
with the acceptance criteria. The ITAAC Hearing Procedures describe the 
requirements for such hearing requests and the procedures to be used 
throughout the hearing process. The procedures for a particular ITAAC 
proceeding will be imposed by case-specific orders, and the ITAAC 
Hearing Procedures reference templates to be used for such orders.
    Some NRC proceedings involve sensitive information. For ITAAC 
proceedings in particular, the NRC

[[Page 44926]]

determined that a potential party may deem it necessary to obtain 
access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or 
Safeguards Information (SGI) for the purpose of meeting Commission 
requirements for intervention. Therefore, the ITAAC Hearing Procedures 
include templates for orders governing requests for access to SUNSI and 
SGI. If a hearing participant qualifies for access to sensitive 
information, then a protective order and non-disclosure declaration 
would be needed to ensure that the information is protected 
appropriately. The presiding officer for a proceeding would issue the 
protective order, and recipients of the sensitive information would 
sign a non-disclosure declaration agreeing to protect the information 
in accordance with the protective order. Typically, the presiding 
officer issues a protective order in response to a motion from the 
hearing participants proposing a draft protective order and non-
disclosure declaration for the presiding officer's consideration.
    The NRC received comments on the proposed ITAAC Hearing Procedures 
suggesting that model templates would facilitate quick development of 
protective orders. In response, the NRC stated that protective order 
templates would be developed in a separate process allowing for 
stakeholder input.
    To fulfill this commitment, the NRC has developed and is seeking 
comment on two draft protective order templates, one for SUNSI (ADAMS 
Accession No. ML18239A329) and one for SGI (ADAMS Accession No. 
ML18239A322). The NRC staff will make a final determination regarding 
issuance of the templates after consideration of any public comments 
received in response to this request. The final templates will be 
referenced in a future Federal Register notice. Participants in ITAAC 
hearings may, but are not required to, rely on the final protective 
order templates as the basis for proposed protective orders.

III. Discussion

    The NRC has developed two draft protective order templates for 
ITAAC hearings, one for SUNSI and one for SGI. Although the draft 
templates were developed for use in ITAAC hearings, the vast majority 
of the content is not specific to ITAAC proceedings. The draft SUNSI 
and SGI templates have the following ITAAC-specific provisions:
     The templates reflect the possibility that the presiding 
officer might be a single legal judge assisted as appropriate by 
technical advisors.
     Consistent with the accelerated ITAAC hearing schedule, 
petitioners are given less time to execute non-disclosure declarations, 
and licensees and the NRC staff are given less time to provide SUNSI or 
SGI to the petitioners, than is ordinarily the case.
    The draft SGI template also has two additional ITAAC-specific 
provisions:
     Consistent with the ITAAC Hearing Procedures, the draft 
template provides that SGI must be filed by overnight mail. Filings 
with SGI will not be made on the E-Filing system because the E-Filing 
system does not comply with SGI security requirements. This provision 
does not appear in the SUNSI template because SUNSI filings will be 
made through the E-Filing system.
     The draft template quotes the ITAAC Hearing Procedures as 
stating that the NRC will not delay its actions in completing the 
hearing or making the 10 CFR 52.103(g) finding because of delays from 
background checks for persons seeking access to SGI.
    Both templates are based on current requirements and policies, and 
would, if appropriate, be updated as those requirements and policies 
change. For example, NRC policies will change in response to the 
National Archives and Records Administration's final rule, ``Controlled 
Unclassified Information,'' (81 FR 63324; September 14, 2016) (CUI 
Rule). The CUI Rule establishes government-wide requirements for 
protecting sensitive unclassified information. The CUI Rule applies 
both to the Federal government and to non-Federal entities receiving 
CUI from the Federal government. The NRC has not yet implemented the 
CUI Rule and does not expect to achieve implementation before the ITAAC 
hearings for Vogtle Units 3 and 4. But any future updating of the 
templates for subsequent ITAAC proceedings would reflect consideration 
of the CUI Rule and associated guidance.

A. Draft SUNSI Protective Order Template

    The NRC uses the term SUNSI to refer to a broad spectrum of 
sensitive information that is neither classified nor SGI. While there 
are many types of SUNSI, the draft SUNSI protective order template is 
directed at protection of proprietary and security-related information, 
as discussed in SECY-15-0010 (January 20, 2015) (ADAMS Accession No. 
ML14343A747). The NRC focused on these types of SUNSI because of the 
NRC's experience with hearings involving reactors and its knowledge of 
the matters subject to ITAAC. If an ITAAC hearing involves another type 
of SUNSI with different protection requirements, the template can be 
adjusted accordingly.
    In developing the draft SUNSI template, the NRC considered 
protective orders for proprietary and security-related information 
issued after 2006. The NRC also considered guidance in NRC Regulatory 
Issue Summary (RIS) 2005-26, ``Control of Sensitive Unclassified Non-
Safeguards Information Related to Nuclear Power Reactors'' (ADAMS 
Accession No. ML051430228), dated November 7, 2005. RIS 2005-26 is 
specifically directed at protection of security-related information for 
reactors and states that such information is protected in much the same 
way as commercial or financial information.
    Finally, the NRC considered the CUI Rule. Although the CUI Rule has 
not yet been implemented at the NRC, many CUI requirements are 
consistent with the existing protective provisions for SUNSI that 
provided the basis for the draft template. By aligning the provisions 
and terminology in the draft SUNSI template with the corresponding 
elements of the CUI Rule, the NRC hopes to facilitate any future update 
of the template to comply with the CUI Rule. The introductory 
discussion in the draft template identifies those CUI provisions that 
were excluded because they differ from, or go beyond, existing 
protective provisions for proprietary and security-related SUNSI for 
external stakeholders.

B. Draft SGI Protective Order Template

    Safeguards Information is a special category of sensitive 
unclassified information defined in 10 CFR 73.2 and protected from 
unauthorized disclosure under AEA Section 147. Although SGI is 
unclassified information, it is handled and protected more like 
Classified National Security Information than like other sensitive 
unclassified information (e.g., privacy and proprietary information). 
Requirements for access to SGI and requirements for SGI handling, 
storage, and processing are in 10 CFR part 73.
    The SGI protective order template does not rely on prior SGI 
protective orders because they predate significant changes to the NRC's 
regulations on SGI and adjudicatory filings. Instead, the NRC combined 
general provisions from the draft SUNSI template with the SGI 
protection requirements in 10 CFR part 73 and the adjudicatory filing 
requirements in 10 CFR part 2. Also, while the NRC considered the CUI 
Rule when developing the draft SGI template, the draft template does 
not reflect any specific CUI provisions. The NRC has not yet 
implemented the CUI Rule, and in accordance with 32 CFR 2002.4(r), most 
CUI requirements do not apply to

[[Page 44927]]

SGI because the authorizing law and regulations for SGI provide 
specific handling controls.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                             ADAMS accession No./Federal
                 Document                         Register citation
------------------------------------------------------------------------
Draft Template for Protective Orders        ML18239A329.
 Governing the Disclosure and Use of
 Sensitive Unclassified Non-Safeguards
 Information (SUNSI) in Hearings Related
 to Conformance with Inspections, Tests,
 Analyses, and Acceptance Criteria (ITAAC).
Draft Template for Protective Orders        ML18239A322.
 Governing the Disclosure and Use of
 Safeguards Information (SGI) in Hearings
 Related to Conformance with Inspections,
 Tests, Analyses, and Acceptance Criteria
 (ITAAC).
Final Procedures for Conducting Hearings    81 FR 43266.
 on Conformance With the Acceptance
 Criteria in Combined Licenses, dated July
 1, 2016.
SECY-15-0010, Final Procedures for          ML14343A747.
 Hearings on Conformance With the
 Acceptance Criteria in Combined Licenses,
 dated January 20, 2015.
Final Rule: Controlled Unclassified         81 FR 63324.
 Information, dated September 14, 2016.
NRC Regulatory Issue Summary 2005-26,       ML051430228.
 Control of Sensitive Unclassified Non-
 Safeguards Information Related to Nuclear
 Power Reactors, dated November 7, 2005.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0190. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2018-0190); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

    Dated at Rockville, Maryland, this 28th day of August 2018.

    For the Nuclear Regulatory Commission.
Susan H. Vrahoretis,
Assistant General Counsel for New Reactor Programs, Office of the 
General Counsel.
[FR Doc. 2018-19023 Filed 8-31-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                           Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                           44925

                                                                                                              Document                                                            ADAMS accession No.

                                                FirstEnergy Nuclear Operating Company; Exemption Request for a Physical Barrier Requirement; Dated July 19,                      ML17200D139.
                                                   2017.
                                                FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Re-                    ML18078A033.
                                                   quest for a Physical Barrier Requirement; Dated March 16, 2018.
                                                FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Re-                    ML18122A133.
                                                   quest for a Physical Barrier Requirement; Dated May 2, 2018.
                                                NUREG–1437, Supplement 36; Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Re-                     ML091260011.
                                                   garding Beaver Valley Power Station, Units 1 and 2, Final Report; Dated May 2009.



                                                  Dated at Rockville, Maryland, this 29th day             For additional direction on obtaining               INFORMATION CONTACT    section of this
                                                of August 2018.                                         information and submitting comments,                  document.
                                                  For the Nuclear Regulatory Commission.                see ‘‘Obtaining Information and                         The NRC cautions you not to include
                                                Bhalchandra K. Vaidya,                                  Submitting Comments’’ in the                          identifying or contact information that
                                                Project Manager, Plant Licensing Branch III,            SUPPLEMENTARY INFORMATION section of                  you do not want to be publicly
                                                Division of Operating Reactor Licensing,                this document.                                        disclosed in your comment submission.
                                                Office of Nuclear Reactor Regulation.                   FOR FURTHER INFORMATION CONTACT:                      The NRC will post all comment
                                                [FR Doc. 2018–19120 Filed 8–31–18; 8:45 am]             Michael A. Spencer, Office of the                     submissions at http://
                                                BILLING CODE 7590–01–P                                  General Counsel, U.S. Nuclear                         www.regulations.gov as well as enter the
                                                                                                        Regulatory Commission; telephone:                     comment submissions into ADAMS.
                                                                                                        301–287–9115, email:                                  The NRC does not routinely edit
                                                NUCLEAR REGULATORY                                      Michael.Spencer@nrc.gov.                              comment submissions to remove
                                                COMMISSION
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              identifying or contact information.
                                                                                                                                                                If you are requesting or aggregating
                                                [NRC–2018–0190]                                         I. Obtaining Information and                          comments from other persons for
                                                                                                        Submitting Comments                                   submission to the NRC, then you should
                                                Protective Order Templates for                                                                                inform those persons not to include
                                                Hearings on Conformance With the                        A. Obtaining Information
                                                                                                                                                              identifying or contact information that
                                                Acceptance Criteria in Combined                            Please refer to Docket ID NRC–2018–                they do not want to be publicly
                                                Licenses                                                0190 when contacting the NRC about                    disclosed in their comment submission.
                                                                                                        the availability of information for this              Your request should state that the NRC
                                                AGENCY:  Nuclear Regulatory                             action. You may obtain publicly-                      does not routinely edit comment
                                                Commission.                                             available information related to this                 submissions to remove such information
                                                ACTION: Draft protective order templates;               action by any of the following methods:               before making the comment
                                                request for comment.                                       • Federal Rulemaking website: Go to                submissions available to the public or
                                                                                                        http://www.regulations.gov and search                 entering the comment into ADAMS.
                                                SUMMARY:    The U.S. Nuclear Regulatory
                                                                                                        for Docket ID NRC–2018–0190.
                                                Commission (NRC) is seeking public                                                                            II. Background
                                                                                                           • NRC’s Agencywide Documents
                                                comment on draft protective order                                                                                On July 1, 2016 (81 FR 43266), the
                                                                                                        Access and Management System
                                                templates to be used in hearings                                                                              NRC published final procedures for
                                                                                                        (ADAMS): You may obtain publicly-
                                                associated with closure of inspections,                                                                       hearings on conformance with the
                                                                                                        available documents online in the
                                                tests, analyses, and acceptance criteria                                                                      acceptance criteria in combined licenses
                                                                                                        ADAMS Public Documents collection at
                                                (ITAAC). The templates have the                                                                               (COLs) issued under part 52 of title 10
                                                                                                        http://www.nrc.gov/reading-rm/
                                                purpose of facilitating quick                                                                                 of the Code of Federal Regulations (10
                                                                                                        adams.html. To begin the search, select
                                                development of case-specific protective                                                                       CFR) (ITAAC Hearing Procedures). The
                                                                                                        ‘‘Begin Web-based ADAMS Search.’’ For
                                                orders to support the accelerated ITAAC                                                                       acceptance criteria are part of the
                                                                                                        problems with ADAMS, please contact
                                                hearing schedule. Participants in ITAAC                                                                       ITAAC included in the COL. In
                                                                                                        the NRC’s Public Document Room (PDR)
                                                hearings may, but are not required to,                                                                        accordance with 10 CFR 52.103(g), the
                                                                                                        reference staff at 1–800–397–4209, 301–
                                                use the templates as the basis for                                                                            NRC must find that the acceptance
                                                                                                        415–4737, or by email to pdr.resource@
                                                proposed protective orders.                                                                                   criteria are met before facility operation
                                                                                                        nrc.gov. For the convenience of the
                                                DATES: Submit comments by October 19,                   reader, instructions about obtaining                  may begin. Section 189a.(1)(B) of the
                                                2018. Comments received after this date                 materials referenced in this document                 Atomic Energy Act of 1954, as amended
                                                will be considered if it is practical to do             are provided in the ‘‘Availability of                 (AEA), provides members of the public
                                                so, but the Commission is able to ensure                Documents’’ section.                                  an opportunity to request a hearing on
                                                consideration only for comments                            • NRC’s PDR: You may examine and                   the facility’s compliance with the
                                                received before this date.                              purchase copies of public documents at                acceptance criteria. The ITAAC Hearing
                                                ADDRESSES: You may submit comments                      the NRC’s PDR, Room O1–F21, One                       Procedures describe the requirements
                                                by any of the following methods:                        White Flint North, 11555 Rockville                    for such hearing requests and the
                                                   • Federal Rulemaking website: Go to                  Pike, Rockville, Maryland 20852.                      procedures to be used throughout the
                                                http://www.regulations.gov and search
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                                                                                                                                                              hearing process. The procedures for a
                                                for Docket ID NRC–2018–0190. Address                    B. Submitting Comments                                particular ITAAC proceeding will be
                                                questions about NRC dockets to Jennifer                   Please include Docket ID NRC–2018–                  imposed by case-specific orders, and the
                                                Borges; telephone: 301–287–9127;                        0190 in your comment submission. If                   ITAAC Hearing Procedures reference
                                                email: Jennifer.Borges@nrc.gov. For                     you cannot submit your comments on                    templates to be used for such orders.
                                                other questions, contact the individual                 the Federal Rulemaking website, http://                  Some NRC proceedings involve
                                                listed in the FOR FURTHER INFORMATION                   www.regulations.gov, please contact the               sensitive information. For ITAAC
                                                CONTACT section of this document.                       individual listed in the FOR FURTHER                  proceedings in particular, the NRC


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                                                44926                      Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices

                                                determined that a potential party may                   given less time to execute non-                         In developing the draft SUNSI
                                                deem it necessary to obtain access to                   disclosure declarations, and licensees                template, the NRC considered protective
                                                Sensitive Unclassified Non-Safeguards                   and the NRC staff are given less time to              orders for proprietary and security-
                                                Information (SUNSI) or Safeguards                       provide SUNSI or SGI to the petitioners,              related information issued after 2006.
                                                Information (SGI) for the purpose of                    than is ordinarily the case.                          The NRC also considered guidance in
                                                meeting Commission requirements for                        The draft SGI template also has two                NRC Regulatory Issue Summary (RIS)
                                                intervention. Therefore, the ITAAC                      additional ITAAC-specific provisions:                 2005–26, ‘‘Control of Sensitive
                                                Hearing Procedures include templates                       • Consistent with the ITAAC Hearing                Unclassified Non-Safeguards
                                                for orders governing requests for access                Procedures, the draft template provides               Information Related to Nuclear Power
                                                to SUNSI and SGI. If a hearing                          that SGI must be filed by overnight mail.             Reactors’’ (ADAMS Accession No.
                                                participant qualifies for access to                     Filings with SGI will not be made on the              ML051430228), dated November 7,
                                                sensitive information, then a protective                E-Filing system because the E-Filing                  2005. RIS 2005–26 is specifically
                                                order and non-disclosure declaration                    system does not comply with SGI                       directed at protection of security-related
                                                would be needed to ensure that the                      security requirements. This provision                 information for reactors and states that
                                                information is protected appropriately.                 does not appear in the SUNSI template                 such information is protected in much
                                                The presiding officer for a proceeding                  because SUNSI filings will be made                    the same way as commercial or financial
                                                would issue the protective order, and                   through the E-Filing system.                          information.
                                                recipients of the sensitive information                    • The draft template quotes the                      Finally, the NRC considered the CUI
                                                would sign a non-disclosure declaration                 ITAAC Hearing Procedures as stating                   Rule. Although the CUI Rule has not yet
                                                agreeing to protect the information in                  that the NRC will not delay its actions               been implemented at the NRC, many
                                                accordance with the protective order.                   in completing the hearing or making the               CUI requirements are consistent with
                                                Typically, the presiding officer issues a               10 CFR 52.103(g) finding because of                   the existing protective provisions for
                                                protective order in response to a motion                delays from background checks for                     SUNSI that provided the basis for the
                                                from the hearing participants proposing                 persons seeking access to SGI.                        draft template. By aligning the
                                                a draft protective order and non-                          Both templates are based on current                provisions and terminology in the draft
                                                disclosure declaration for the presiding                requirements and policies, and would, if              SUNSI template with the corresponding
                                                officer’s consideration.                                appropriate, be updated as those                      elements of the CUI Rule, the NRC
                                                   The NRC received comments on the                     requirements and policies change. For                 hopes to facilitate any future update of
                                                proposed ITAAC Hearing Procedures                       example, NRC policies will change in                  the template to comply with the CUI
                                                suggesting that model templates would                   response to the National Archives and                 Rule. The introductory discussion in the
                                                facilitate quick development of                         Records Administration’s final rule,                  draft template identifies those CUI
                                                protective orders. In response, the NRC                 ‘‘Controlled Unclassified Information,’’              provisions that were excluded because
                                                stated that protective order templates                  (81 FR 63324; September 14, 2016) (CUI                they differ from, or go beyond, existing
                                                would be developed in a separate                        Rule). The CUI Rule establishes                       protective provisions for proprietary
                                                process allowing for stakeholder input.                 government-wide requirements for                      and security-related SUNSI for external
                                                   To fulfill this commitment, the NRC                  protecting sensitive unclassified                     stakeholders.
                                                has developed and is seeking comment                    information. The CUI Rule applies both
                                                                                                        to the Federal government and to non-                 B. Draft SGI Protective Order Template
                                                on two draft protective order templates,
                                                one for SUNSI (ADAMS Accession No.                      Federal entities receiving CUI from the                  Safeguards Information is a special
                                                ML18239A329) and one for SGI                            Federal government. The NRC has not                   category of sensitive unclassified
                                                (ADAMS Accession No. ML18239A322).                      yet implemented the CUI Rule and does                 information defined in 10 CFR 73.2 and
                                                The NRC staff will make a final                         not expect to achieve implementation                  protected from unauthorized disclosure
                                                determination regarding issuance of the                 before the ITAAC hearings for Vogtle                  under AEA Section 147. Although SGI
                                                templates after consideration of any                    Units 3 and 4. But any future updating                is unclassified information, it is handled
                                                public comments received in response                    of the templates for subsequent ITAAC                 and protected more like Classified
                                                to this request. The final templates will               proceedings would reflect consideration               National Security Information than like
                                                be referenced in a future Federal                       of the CUI Rule and associated                        other sensitive unclassified information
                                                Register notice. Participants in ITAAC                  guidance.                                             (e.g., privacy and proprietary
                                                hearings may, but are not required to,                                                                        information). Requirements for access to
                                                                                                        A. Draft SUNSI Protective Order                       SGI and requirements for SGI handling,
                                                rely on the final protective order                      Template
                                                templates as the basis for proposed                                                                           storage, and processing are in 10 CFR
                                                protective orders.                                        The NRC uses the term SUNSI to refer                part 73.
                                                                                                        to a broad spectrum of sensitive                         The SGI protective order template
                                                III. Discussion                                         information that is neither classified nor            does not rely on prior SGI protective
                                                   The NRC has developed two draft                      SGI. While there are many types of                    orders because they predate significant
                                                protective order templates for ITAAC                    SUNSI, the draft SUNSI protective order               changes to the NRC’s regulations on SGI
                                                hearings, one for SUNSI and one for                     template is directed at protection of                 and adjudicatory filings. Instead, the
                                                SGI. Although the draft templates were                  proprietary and security-related                      NRC combined general provisions from
                                                developed for use in ITAAC hearings,                    information, as discussed in SECY–15–                 the draft SUNSI template with the SGI
                                                the vast majority of the content is not                 0010 (January 20, 2015) (ADAMS                        protection requirements in 10 CFR part
                                                specific to ITAAC proceedings. The                      Accession No. ML14343A747). The NRC                   73 and the adjudicatory filing
                                                                                                        focused on these types of SUNSI                       requirements in 10 CFR part 2. Also,
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                                                draft SUNSI and SGI templates have the
                                                following ITAAC-specific provisions:                    because of the NRC’s experience with                  while the NRC considered the CUI Rule
                                                   • The templates reflect the possibility              hearings involving reactors and its                   when developing the draft SGI template,
                                                that the presiding officer might be a                   knowledge of the matters subject to                   the draft template does not reflect any
                                                single legal judge assisted as appropriate              ITAAC. If an ITAAC hearing involves                   specific CUI provisions. The NRC has
                                                by technical advisors.                                  another type of SUNSI with different                  not yet implemented the CUI Rule, and
                                                   • Consistent with the accelerated                    protection requirements, the template                 in accordance with 32 CFR 2002.4(r),
                                                ITAAC hearing schedule, petitioners are                 can be adjusted accordingly.                          most CUI requirements do not apply to


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                                                                              Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices                                                             44927

                                                SGI because the authorizing law and                         IV. Availability of Documents                               interested persons through one or more
                                                regulations for SGI provide specific                          The documents identified in the                           of the following methods, as indicated.
                                                handling controls.                                          following table are available to

                                                                                                                                                                                                       ADAMS accession
                                                                                                                   Document                                                                           No./Federal Register
                                                                                                                                                                                                            citation

                                                Draft Template for Protective Orders Governing the Disclosure and Use of Sensitive Unclassified Non-Safeguards Infor-                                 ML18239A329.
                                                  mation (SUNSI) in Hearings Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria
                                                  (ITAAC).
                                                Draft Template for Protective Orders Governing the Disclosure and Use of Safeguards Information (SGI) in Hearings                                     ML18239A322.
                                                  Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC).
                                                Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses, dated                                      81 FR 43266.
                                                  July 1, 2016.
                                                SECY–15–0010, Final Procedures for Hearings on Conformance With the Acceptance Criteria in Combined Licenses,                                         ML14343A747.
                                                  dated January 20, 2015.
                                                Final Rule: Controlled Unclassified Information, dated September 14, 2016 .........................................................................   81 FR 63324.
                                                NRC Regulatory Issue Summary 2005–26, Control of Sensitive Unclassified Non-Safeguards Information Related to Nu-                                     ML051430228.
                                                  clear Power Reactors, dated November 7, 2005.



                                                   The NRC may post materials related                       action would grant the licensee a partial                   are provided in a table in the
                                                to this document, including public                          exemption from the ‘‘Physical barrier’’                     ‘‘Availability of Documents’’ section of
                                                comments, on the Federal rulemaking                         requirements in the NRC’s regulations,                      this document.
                                                website at http://www.regulations.gov                       to allow FENOC to continue using                               • NRC’s PDR: You may examine and
                                                under Docket ID NRC–2018–0190. The                          vertical, rather than angled, barbed wire                   purchase copies of public documents at
                                                Federal Rulemaking website allows you                       fence toppings in certain limited                           the NRC’s PDR, Room O1–F21, One
                                                to receive alerts when changes or                           protected area sections on-site. The NRC                    White Flint North, 11555 Rockville
                                                additions occur in a docket folder. To                      is considering an exemption to facility                     Pike, Rockville, Maryland 20852.
                                                subscribe: (1) Navigate to the docket                       operating license no. NPF–58, issued on                     FOR FURTHER INFORMATION CONTACT:
                                                folder (NRC–2018–0190); (2) click the                       November 13, 1986, and held by                              Bhalchandra K. Vaidya, Office of
                                                ‘‘Sign up for Email Alerts’’ link; and (3)                  FENOC, and FirstEnergy Nuclear                              Nuclear Reactor Regulation, U.S.
                                                enter your email address and select how                     Generation Company, LLC for the                             Nuclear Regulatory Commission,
                                                frequently you would like to receive                        operation of PNPP, Unit No. 1.                              Washington, DC 20555–0001; telephone:
                                                emails (daily, weekly, or monthly).                         DATES: The environmental assessment                         301–415–3308; email:
                                                  Dated at Rockville, Maryland, this 28th day               referenced in this document is available                    Bhalchandra.Vaidya@nrc.gov.
                                                of August 2018.                                             on September 4, 2018.                                       SUPPLEMENTARY INFORMATION:
                                                  For the Nuclear Regulatory Commission.                    ADDRESSES: Please refer to Docket ID                        I. Introduction
                                                Susan H. Vrahoretis,                                        NRC–2018–0187 when contacting the
                                                Assistant General Counsel for New Reactor                   NRC about the availability of                                  The NRC is considering issuance of a
                                                Programs, Office of the General Counsel.                    information regarding this document.                        partial exemption, pursuant to section
                                                [FR Doc. 2018–19023 Filed 8–31–18; 8:45 am]                 You may obtain publicly-available                           73.5 of title 10 of the Code of Federal
                                                                                                            information related to this document                        Regulations (10 CFR), ‘‘Specific
                                                BILLING CODE 7590–01–P
                                                                                                            using any of the following methods:                         exemptions,’’ from the ‘‘Physical
                                                                                                               • Federal Rulemaking website: Go to                      barrier’’ requirement of 10 CFR 73.2,
                                                NUCLEAR REGULATORY                                          http://www.regulations.gov and search                       specifically with respect to the design
                                                COMMISSION                                                  for Docket ID NRC–2018–0187. Address                        criteria specified in 10 CFR 73.2(1)
                                                                                                            questions about NRC dockets to Jennifer                     ‘‘fences,’’ as it applies to the angular
                                                [Docket No. 50–440; NRC–2018–0187]                          Borges; telephone: 301–287–9127;                            specification for brackets used to
                                                                                                            email: Jennifer.Borges@nrc.gov. For                         support the required barbed wire (or
                                                FirstEnergy Nuclear Operating                                                                                           similar material) topper, to FENOC and
                                                                                                            technical questions, contact the
                                                Company; FirstEnergy Nuclear                                                                                            FirstEnergy Nuclear Generation
                                                                                                            individual listed in the FOR FURTHER
                                                Generation Company, LLC; Perry                                                                                          Company, LLC (collectively, the
                                                                                                            INFORMATION CONTACT section of this
                                                Nuclear Power Plant, Unit No. 1                                                                                         licensee), for PNPP, Unit No. 1, located
                                                                                                            document.
                                                AGENCY:  Nuclear Regulatory                                    • NRC’s Agencywide Documents                             in Lake County, Ohio.
                                                Commission.                                                 Access and Management System                                   In accordance with 10 CFR 51.21, the
                                                                                                            (ADAMS): You may obtain publicly-                           NRC has prepared an environmental
                                                ACTION: Environmental assessment and
                                                                                                            available documents online in the                           assessment (EA) that analyzes the
                                                finding of no significant impact;                                                                                       environmental effects of the proposed
                                                issuance.                                                   ADAMS Public Documents collection at
                                                                                                            http://www.nrc.gov/reading-rm/                              action. Based on the results of the EA
                                                SUMMARY:   The U.S. Nuclear Regulatory                      adams.html. To begin the search, select                     and in accordance with 10 CFR 51.31(a),
sradovich on DSK3GMQ082PROD with NOTICES




                                                Commission (NRC) is making a finding                        ‘‘Begin Web-based ADAMS Search.’’ For                       the NRC has prepared a FONSI for the
                                                of no significant impact (FONSI) for a                      problems with ADAMS, please contact                         proposed exemption.
                                                proposed issuance of an exemption to                        the NRC’s Public Document Room (PDR)                        II. Environmental Assessment
                                                FirstEnergy Nuclear Operating Company                       reference staff at 1–800–397–4209, 301–
                                                (FENOC, the licensee), for Perry Nuclear                    415–4737, or by email to pdr.resource@                      Description of the Proposed Action
                                                Power Plant (PNPP), Unit No. 1, located                     nrc.gov. For the convenience of the                            The proposed action would grant the
                                                in Lake County, Ohio. The proposed                          reader, the ADAMS accession numbers                         licensee a partial exemption from the


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Document Created: 2018-09-01 02:59:21
Document Modified: 2018-09-01 02:59:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDraft protective order templates; request for comment.
DatesSubmit comments by October 19, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.
ContactMichael A. Spencer, Office of the General Counsel, U.S. Nuclear Regulatory Commission; telephone: 301- 287-9115, email: [email protected]
FR Citation83 FR 44925 

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