[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66944-66949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26716]
[[Page 66944]]
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NUCLEAR REGULATORY COMMISSION
Notice of Applications and Amendments to Facility Operating
Licenses Involving Proposed No Significant Hazards Considerations and
Containing Sensitive Unclassified Non-Safeguards Information or
Safeguards Information and Order Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards Information or Safeguards
Information
I. Background
Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission or NRC staff) is publishing this notice. The Act requires
the Commission publish notice of any amendments issued, or proposed to
be issued and grants the Commission the authority to issue and make
immediately effective any amendment to an operating license upon a
determination by the Commission that such amendment involves no
significant hazards consideration, notwithstanding the pendency before
the Commission of a request for a hearing from any person.
This notice includes notices of amendments containing sensitive
unclassified non-safeguards information (SUNSI) or safeguards
information (SGI).
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D44, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Copies of written comments received may be examined at the Commission's
Public Document Room (PDR), located at One White Flint North, Public
File Area O1F21, 11555 Rockville Pike (first floor), Rockville,
Maryland. The filing of requests for a hearing and petitions for leave
to intervene is discussed below.
Within 60 days after the date of publication of this notice,
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license, and any person
whose interest may be affected by this proceeding and who wishes to
participate as a party in the proceeding must file a written request
via electronic submission through the NRC E-Filing system for a hearing
and a petition for leave to intervene. Requests for a hearing and a
petition for leave to intervene shall be filed in accordance with the
Commission's ``Rules of Practice for Domestic Licensing Proceedings''
in 10 CFR Part 2. Interested person(s) should consult a current copy of
10 CFR 2.309, which is available at the Commission's PDR, located at
One White Flint North, Public File Area 01F21, 11555 Rockville Pike
(first floor), Rockville, Maryland, or at http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0309.html. Publicly available
records will be accessible from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/reading-rm.html. If a
request for a hearing or petition for leave to intervene is filed
within 60 days, the Commission or a presiding officer designated by the
Commission or by the Chief Administrative Judge of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner/
requestor intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner/requestor intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the
[[Page 66945]]
amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner/requestor to relief. A petitioner/
requestor who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, any hearing held would take place before the
issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE 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 e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission or the presiding
officer of the Atomic Safety and Licensing Board that the petition,
request and/or the contentions should be granted based on a balancing
of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. 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.
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the Commission's PDR, located at One White Flint North, Public File
Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the ADAMS Public
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS
or if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1 (800) 397-
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4209, (301) 415-4737 or by e-mail to [email protected].
Tennessee Valley Authority, Docket No. 50-390, Watts Bar Nuclear Plant,
Unit 1, Rhea County, Tennessee
Date of amendment request: August 1, 2008.
Description of amendment request: The amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise the following: (1) Surveillance Requirement (SR)
3.5.1.4, Accumulators, and SR 3.5.4.3, Refueling Water Storage Tank, to
specify three discrete levels of boron concentrations (Level 1, 2, or
3), (2) Technical specification (TS) 4.2.1, Fuel Assemblies, to
increase the maximum number of Tritium Producing Burnable Absorber Rods
(TPBARs) that can be irradiated per cycle from 400 to 2304, and (3) TS
5.9.5, Core Operating Limits Report (COLR), to indicate that the cycle
specific boron concentrations (Level 1, 2, or 3) are specified in the
COLR.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
a. Boron Concentration
The proposed change modifies the required boron concentration
for the Cold Leg Accumulators (CLAs) and RWST [refueling water
storage tank]. The proposed values have been verified to maintain
the required accident mitigation safety function for the CLAs and
RWST. The CLAs and RWST safety function is to mitigate accidents
that require the injection of borated water to cool the core and to
control reactivity. These functions are not potential sources for
accident generation and the modification of the boron concentration
that supports event mitigation will not increase the potential for
an accident. Therefore, the possibility of an accident is not
increased by the proposed changes. The minimum boron levels are
based on the specific requirements of the core design. For each
reload core design, the boron level required for subcriticality will
be specified. Since the boron levels will continue to maintain the
safety function of the CLAs and RWST in the same manner as currently
approved, the consequences of an accident are not increased by the
proposed changes.
The increase in the number of TPBARs does not adversely affect
reactor neutronics or thermal-hydraulic performance; therefore, they
do not significantly increase the probability of accidents or
equipment malfunctions while in the reactor. The neutronic behavior
of the TPBARs mimics that of standard burnable absorbers with only
slight differences which are accommodated in the core design. The
reload safety analysis performed for Watts Bar Unit 1 prior to each
refueling cycle will confirm that any minor effects due to TPBARs on
the reload core will be within fuel design limits. Analysis has
shown that TPBARS are not expected to fail during Condition I
through III events. TPBARs may fail during a large break LOCA or as
a result of a fuel handling accident. However, the radiological
consequences of these events are within 10 CFR 100 limits.
b. RCCA [Rod Cluster Control Assemblies] Insertion
WBN Unit 1 proposes to credit RCCA insertion of negative
reactivity for criticality control during the core cooling flow path
realignment from cold leg recirculation to hot leg recirculation
following the postulated cold leg LOCA [loss-of-coolant accident].
No physical modifications will be made to plant systems, structures,
or components.
Credit for RCCA insertion is only being applied to demonstrate
core subcriticality upon hot leg switchover (HLSO) following a cold
leg LOCA. The performance criteria codified in 10 CFR 50.46
continues to be met. The ability of the RCCAs to insert under cold
leg LOCA and seismic conditions is based on analysis given in WCAP-
16932-P performed by Westinghouse [Electric Company LLC]. These
analyses address reactor vessel component structural distortion in a
LOCA environment coincident with a seismic event. The results
indicated that RCCA guide tube deflection, fuel assembly grid
distortion, and displacement of the control rod driveline and CRDM
supports will not preclude RCCA insertion following a cold leg LOCA.
No physical modifications will be made to plant systems,
structures, or components in order to implement the proposed
methodology change. The safety functions of the safety related
systems and components, which are related to accident mitigation,
have not been altered. Therefore, the reliability of RCCA insertion
is not affected. As such, taking credit for RCCA insertion does not
alter the probability of a cold leg LOCA (the design basis accident
at issue). The Westinghouse analyses provided in Enclosure 5 and 6
of the application demonstrate that RCCA insertion will occur, with
substantial margin, following a design basis cold leg LOCA combined
with a seismic event. Crediting RCCA insertion does not affect
mechanisms for a malfunction that could impact the HLSO
subcriticality analysis, or mechanisms that could initiate a LOCA.
Taking credit for the negative reactivity available from
insertion of the RCCAs, which is currently assumed for various
accident analyses within the WBN Unit 1 licensing basis (e.g., small
break LOCA, main steamline break, feedline break, steam generator
tube rupture), does not affect equipment malfunction probability
directly or indirectly. Therefore, crediting the RCCAs as a source
of negative reactivity for post-LOCA criticality control at the time
of HLSO does not significantly increase the probability of an
accident previously evaluated.
Furthermore, the traditional conservative assumption that the
most reactive RCCA is stuck fully out of the core is being
maintained. A malfunction that results in one RCCA to fail to insert
is a credible scenario, and is being considered for the post-LOCA
subcriticality analysis following a cold leg LOCA. There will be
sufficient negative reactivity, even with the most reactive RCCA
stuck fully out of the core, to assure core subcriticality post-
LOCA, as supported by the subcriticality analysis that is confirmed
each and every fuel cycle as part of the reload documentation (i.e.,
the Reload Safety Evaluations). The core is shown to remain
subcritical during the post-LOCA long-term cooling period,
specifically while HLSO is performed. Thus, no additional
radiological source terms are generated and the consequences of an
accident previously evaluated in the UFSAR will not be significantly
increased.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
a. Boron Concentration
The proposed change of boron concentrations for the CLAs and
RWST does not have a potential to generate accidents as they only
serve to perform mitigation functions associated with an accident.
The proposed requirements will maintain the mitigation function in
an identical manner as currently approved. There is no plant
equipment or operational changes associated with the proposed
revision other than the adjustment of the boron level in the CLAs
and RWST.
The TPBARS have been designed to be compatible with existing
Westinghouse 17 x 17 fuel assemblies and conventional Burnable
Poison Rod Assembly (BPRA) handling tools, equipment, and
procedures, and therefore, no new accidents or equipment
malfunctions are created by the handling of TPBARS.
Therefore, since the CLA and RWST functions are not altered and
the plant will continue to operate with compatible components, the
possibility of a new or different kind of an accident is not
created.
b. RCCA Insertion
The proposed change involves crediting the negative reactivity
that is available from the RCCAs for an analysis applicable several
hours after the initiation of a cold leg LOCA. As such, this change
involves post-LOCA recovery actions several hours after the break
has occurred and, therefore, does not involve accident initiation.
As discussed above, Westinghouse analyses demonstrated that the
RCCAs will insert following a cold leg LOCA with seismic loadings.
Thus, the safety functions of safety related systems and components
have not been altered by this change. Crediting the negative
reactivity that is available from the RCCAs for the post-LOCA
subcriticality analysis upon HLSO does not cause the initiation of
any accident,
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nor does the proposed activity create any new credible limiting
single failure. Crediting the insertion of RCCAs does not result in
any event previously deemed incredible being made credible nor is
there any introduction of any new failure mechanisms that are not
currently considered in the design basis LOCA. There are no changes
introduced by this amendment concerning how safety related equipment
is designed to operate under normal or design basis accident
conditions since the calculations supporting RCCA insertion
following a cold leg LOCA have assumed design basis break sizes in
conjunction with seismic loadings.
Therefore, the possibility of an accident of a different type
than already evaluated in the UFSAR is not created.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
a. Boron Concentration
This change proposes boron concentration requirements that
support the accident mitigation functions of the CLAs and RWST
equivalent to the currently approved limits. The proposed change
does not alter any plant equipment or components and does not alter
any setpoints utilized for the actuation of accident mitigation
system or control functions. The proposed boron values have been
verified to provide an adequate level of reactivity control for
accident mitigation.
TPBARs have been designed to be compatible with existing fuel
assemblies, TPBARs do not adversely affect reactor neutronic or
thermal-hydraulic performance. Analysis indicates that reactor core
behavior and offsite doses remain relatively unchanged.
b. RCCA Insertion
Presently, no credit is taken for RCCA insertion in the analysis
to demonstrate post-cold leg LOCA subcriticality at the time of
HLSO. The current subcriticality analysis for this scenario relies
only on the boron provided by the RWST and the accumulators. Thus,
RCCA insertion provides another source of negative reactivity
(margin of safety). Revising the post-LOCA subcriticality analysis
to credit the negative reactivity associated with the RCCAs is a
means to offset the reactivity penalty due to potential TPBAR
failures and sump dilution at the time of hot leg switchover. The
incorporation of this ``defense-in-depth'' source of negative
reactivity in the HLSO subcriticality analysis has been
conservatively determined to not cause a reduction in the margin of
safety. 10 CFR 50, Appendix K, I.A.2., states, in part, that ``[r]od
trip and insertion may be assumed if they are calculated to occur,''
and provides for crediting RCCA insertion as an acceptable feature
of emergency core cooling system (ECCS) evaluation models. The
proposed change is based upon an analysis for WBN Unit 1 that
demonstrates that the control rods will indeed insert and the
resulting negative reactivity can be credited for post-LOCA
criticality control.
The proposed change would ensure that post-LOCA subcriticality
is maintained during HLSO. Subsequently, there would not be a
challenge to long-term core cooling due to a return to a critical
condition. This being the case, the requirements of 10 CFR
50,46(b)(5) that, ``* * * the calculated core temperature shall be
maintained at an acceptably low value and decay heat shall be
removed for the extended period of time * * *'' continues to be
satisfied and the margin of safety in the WBN licensing basis is
preserved.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above, TVA concludes that the proposed amendment
does not involve a significant hazards consideration under the
standards set forth in 10 CFR 50.92(c), and accordingly, a finding
of ``no significant hazards consideration'' is justified.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: General Counsel, Tennessee Valley Authority,
400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902.
NRC Branch Chief: L. Raghavan.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for
Contention Preparation
Tennessee Valley Authority, Docket No. 50-390, Watts Bar Nuclear Plant,
Unit 1, Rhea County, Tennessee
1. This order contains instructions regarding how potential parties
to the proceedings listed above may request access to documents
containing sensitive unclassified information (SUNSI and SGI).
2. Within ten (10) days after publication of this notice of
opportunity for hearing, any potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is necessary for a response to the
notice may request access to SUNSI or SGI. A ``potential party'' is any
person who intends or may intend to participate as a party by
demonstrating standing and the filing of an admissible contention under
10 CFR 2.309. Requests submitted later than ten (10) days will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the
Associate General Counsel for Hearings, Enforcement and Administration,
Office of the General Counsel, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The
e-mail 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\ See footnote 6. 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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a. A description of the licensing/enforcement action with a
citation to this Federal Register notice of hearing/notice of
opportunity for hearing;
b. 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 (a)/if the enforcement action is not
sustained;
c. If the request is for SUNSI, the identity of the individual
requesting access to SUNSI and the requester's need for the information
in order to meaningfully participate in this adjudicatory proceeding,
particularly why publicly available versions of the application would
not be sufficient to provide the basis and specificity for a proffered
contention;
d. If the request is for SGI, the identity of the individual
requesting access to SGI and the identity of any expert, consultant or
assistant who will aid the requester in evaluating the SGI, and
information that shows:
(i) Why the information is indispensable to meaningful
participation in this licensing proceeding; and
(ii) The technical competence (demonstrable knowledge, skill,
experience, training or education) of the requester to understand and
use (or evaluate) the requested information 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 demonstrates technical competence
as well as trustworthiness and reliability, and who agrees to sign a
non-disclosure affidavit and be bound by the terms of a protective
order; and
e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-258 (fingerprint card), and a credit
check release form completed by the individual who seeks access to SGI
and each individual who
[[Page 66948]]
will aid the requester in evaluating the SGI. For security reasons,
Form SF-85 can only be submitted electronically, through a restricted-
access database. To obtain online access to the form, the requester
should contact the NRC's Office of Administration at 301-415-0320.\2\
The other completed forms must be signed in original ink, accompanied
by a check or money order payable in the amount of $191.00 to the U.S.
Nuclear Regulatory Commission for each individual, and mailed to the:
Office of Administration, Security Processing Unit, Mail Stop T-6E46,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0012.
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\2\ The requester will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and e-mail address. After providing this information, the requester
usually should be able to obtain access to the online form within
one business day.
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These forms will be used to initiate the background check, which
includes fingerprinting as part of a criminal history records check.
Note: copies of these forms do not need to 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 described above.
4. To avoid delays in processing requests for access to SGI, all
forms should be reviewed for completeness and accuracy (including
legibility) before submitting them to the NRC. Incomplete packages will
be returned to the sender and will not be processed.
5. Based on an evaluation of the information submitted under items
2 and 3.a through 3.d, above, the NRC staff will determine within ten
days of receipt of the written access 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) there is a
legitimate need for access to SUNSI or need to know the SGI requested.
For SGI, the need to know determination is made based on whether the
information requested is necessary (i.e., indispensable) for the
proposed recipient to proffer and litigate a specific contention in
this NRC proceeding \3\ and whether the proposed recipient has the
technical competence (demonstrable knowledge, skill, training,
education, or experience) to evaluate and use the specific SGI
requested in this proceeding.
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\3\ Broad SGI requests under these procedures are thus highly
unlikely to meet the standard for need to know; furthermore, 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 requester's need to know than ordinarily would be applied in
connection with an already-admitted contention.
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6. If standing and need to know SGI are shown, the NRC staff will
further determine based upon completion of the background check whether
the proposed recipient is trustworthy and reliable. The NRC staff will
conduct (as necessary) an inspection to confirm that the recipient's
information protection systems are sufficient to protect SGI from
inadvertent release or disclosure. Recipients may opt to view SGI at
the NRC's facility rather than establish their own SGI protection
program to meet SGI protection requirements.
7. A request for access to SUNSI or SGI will be granted if:
a. The request has demonstrated that there is a reasonable basis to
believe that a potential party is likely to establish standing to
intervene or to otherwise participate as a party in this proceeding;
b. The proposed recipient of the information has demonstrated a
need for SUNSI or a need to know for SGI, and that the proposed
recipient of SGI is trustworthy and reliable;
c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms
of a Protective Order setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
d. The presiding officer has issued a protective order concerning
the information or documents requested.\4\ Any protective order issued
shall provide that the petitioner must file SUNSI or SGI contentions 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.
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\4\ If a presiding officer has not yet been designated, the
Chief Administrative Judge will issue such orders, or will appoint a
presiding officer to do so.
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8. If the request for access to SUNSI or SGI is granted, the terms
and conditions for access to sensitive unclassified information will be
set forth in a draft protective order and affidavit of non-disclosure
appended to a joint motion by the NRC staff, any other affected parties
to this proceeding,\5\ and the petitioner(s). If the diligent efforts
by the relevant parties or petitioner(s) fail to result in an agreement
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties to the proceeding or the
petitioner(s) should notify the presiding officer within ten (10) days,
describing the obstacles to the agreement.
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\5\ Parties/persons other than the requester and the NRC staff
will be notified by the NRC staff of a favorable access
determination (and may participate in the development of such a
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by
the release of the information (e.g., as with proprietary
information).
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9. If the request for access to SUNSI is denied by the NRC staff or
a request for access to SGI is denied by NRC staff either after a
determination on standing and need to know or, later, after a
determination on trustworthiness and reliability, the NRC staff shall
briefly state the reasons for the denial. Before the Office of
Administration makes an adverse determination regarding access, the
proposed recipient must be provided an opportunity to correct or
explain information. The requester 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 ten
(10) 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 Sec. 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer. In the same manner, an SGI requester may challenge an
adverse determination on trustworthiness and reliability by filing a
challenge within fifteen (15) days of receipt of that determination.
In the same manner, a party other than the requester may challenge
an NRC staff determination granting access to SUNSI whose release would
harm that party's interest independent of the proceeding. Such a
challenge must be filed within ten (10) days of the notification by the
NRC staff of its grant of such a request.
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.\6\
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\6\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that
the filing requirements of that rule 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
requests submitted to the NRC staff under these procedures.
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[[Page 66949]]
10. The Commission expects that the NRC staff and presiding
officers (and any other reviewing officers) will consider and resolve
requests for access to SUNSI and/or SGI, and motions for protective
orders, in a timely fashion in order to minimize any unnecessary delays
in identifying those intervenors/petitioners who have standing and who
have propounded contentions meeting the specificity and basis
requirements in 10 CFR Part 2. Attachment 1 to this Order summarizes
the general target schedule for processing and resolving requests under
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these procedures.
Dated at Rockville, Maryland, this 3rd day of November 2008.
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
(SUNSI) and Safeguards Information (SGI) in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0............................. Publication of Federal Register notice/
other notice of proposed action and
opportunity for hearing, including
order with instructions for access
requests.
10............................ Deadline for submitting requests for
access to SUNSI and/or 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 petitioner/requestor reply).
20............................ NRC staff informs the requester 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,'' ``need
to know,'' or likelihood of standing,
the deadline for petitioner/requester
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 an adverse
determination regarding access, 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
determination either before the
presiding officer or another designated
officer.
A............................. If access granted: Issuance of presiding
officer or other designated officer
decision on motion for protective order
for access to sensitive information
(including schedule for providing
access and submission of contentions)
or decision reversing a final adverse
determination by the NRC staff.
A + 3......................... Deadline for filing executed Non-
Disclosure Affidavits. Access provided
to SUNSI 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 hearing or
opportunity for hearing), 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.
B............................. Decision on contention admission.
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[FR Doc. E8-26716 Filed 11-10-08; 8:45 am]
BILLING CODE 7590-01-P