ML15022A152
| ML15022A152 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/29/2015 |
| From: | Siva Lingam Plant Licensing Branch IV |
| To: | Halpin E Pacific Gas & Electric Co |
| Lingam S | |
| References | |
| TAC MF2809, TAC MF2810 | |
| Download: ML15022A152 (22) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 29, 2015 Mr. Edward D. Halpin Senior Vice President and Chief Nuclear Officer
. Pacific Gas and 'Electric Company Diablo Canyon Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424
SUBJECT:
DIABLO CANYON POWER PLANT, UNITS 1 AND 2 AND DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION -INDIVIDUAL NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND SPECIAL NUCLEAR MATERIAL LICENSE, PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION, AND OPPORTUNITY FOR A HEARING AND ORDER IMPOSING PROCEDURES FOR DOCUMENT ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (TAC NOS. MF2809 AND MF281 0)
Dear Mr. Halpin:
The U.S. Nuclear Regulatory Commission (NRC) has forwarded the enclosed Notice of Consideration of Issuance of Amendments to Facility Operating License No. DPR-80 for Diablo Canyon Power Station (DCPP) Unit 1, Facility Operating License No. DPR-82 for DCPP Unit 2, and Special Nuclear Material License No. SNM-2511 for Diablo Canyon (DC) Independent Spent Fuel Storage Installation (ISFSI), Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information to the Office of the Federal Register for publication.
This notice relates to Pacific Gas and Electric Company's (PG&E's) application dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, in which PG&E requests amendments to modify the DCPP, Units 1 and 2 facility's operating licenses and DC ISFSI special nuclear material license, in accordance with Title 10 of the Code of Federal Regulations (1 0 CFR) Sections 50.90 and 72.56, and as prescribed by Order EA-13-092. The amendments would modify the licenses to reflect a grant of Section 161A of the Atomic Energy Act, to authorize PG&E to possess and use certain firearms, ammunition, and other devices such as large-capacity ammunition feeding devices, to implement the NRC-approved security plan for DCPP and DC ISFSI. Enclosed please find the notice of consideration of issuance of amendments to DCPP, Units 1 and 2, and DC ISFSI.
E. Halpin If you have any questions, please contact me at 301-41'5-1564 or Siva.Lingam@nrc.gov.
Sincerely,
~~.~~
Siva P. Lingam, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275, 50-323, and 72-26
Enclosure:
Notice of Consideration cc w/encl: Distribution via Listserv
ENCLOSURE FEDERAL REGISTER NOTICE.
[7590-01-P] .,
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275, 50-323, and 72-26; NRC-2015-XXXX]
Pacific Gas and Electric Company, Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene; order.
SUMMARY
- The U.S., Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License Nos. DPR-80 and DPR-82 and Special Nuclear Materials License No. SNM-2511 issued to Pacific Gas and Electric Company. The NRC has made a proposed determination that the amendment request involves no significant hazards consideration. In addition, the amendment request contains Sensitive Unclassified Non-Safeguards Information.
DATES: Submit comments by [INSERT DATE 30 DAYS FROM DATE OF PUBLICATION]. A request for a hearing must be filed by [INSERT DATE 60 DAYS FROM DATE OF PUBLICATION.f Any potential party as defined in 10 CFR 2.4 who believes access to Sensitive Unclassified Non-Safeguards Information is necessary to respond to this notice must request document access by [INSERT DATE 10 DAYS FROM DATE OF PUBLICATION].
ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):
- Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID <INSERT: NRC-2015-XXXX>. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287-3422; e-mail: Carol. Gallagher@ nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
- Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: 3WFN A44M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
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: Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone:
301-415-1564, e~mail: Siva.Lingam@ nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments.
)
A. Obtaining Information.
Please refer to Docket ID <INSERT: NRC-2015-XXXX> 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:
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/~ Federal rulemaking Web Site: Go to http://www.regulations.gov and search for
- Docket ID <INSERT:. NRC-2015-XXXX>.
- NRC's Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly-available documents online in the ADAMS Public Do9uments collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "ADAMS Public Documents" and then select "Begin Web-based ADAMS Search." For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference. staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section.
- NRC's PDR: You may examine and purchase copies of public documents at the NRC;s PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments.
Please include Docket ID <NRC-2015-XXXX> in your comment submission.
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 3
before making the comment submissions available to the public or entering the comment into ADAMS.
II. Introduction.
The NRC is considering issuance of an amendment to Facility Operating License Nos.
DPR-80 and DPR-82, and Special Nuclear Materials License No. SNM-2511, issued to Pacific Gas and Electric Company (the licensee) for operation of the Diablo Canyon Power Plant (DCPP), Units 1 and 2, located in San Luis Obispo County, California, and the Diablo Canyon Independent Spent Fuel Storage Installation (ISFSI).
By letter dated September 24, 2013 (ADAMS Accession No. ML13268A398), as supplemented by letters dated December 18, 2013 (security-related), and May 15, 2014 (ADAMS Accession No .. ML14135A379), the licensee submitted an application for a license amendment request. The licensee is requesting that the Commission grant it preemption authority consistent with the Commission's authority under Section 161 A of the Atomic Energy Act (AEA) of 1954 (the Act), as amended, to authorize the security personnel of designated classes of licensees to possess and use certain firearms, ammunition, and other devices such as large-capacity ammunition feeding devices, notwithstanding Federal, State or local laws prohibiting such possession or use. If the amendment request is granted, the licenses would be modified to reflect the Commission's. grant of Section 161 A preemption authority.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in§ 50.92 of 4
Title 10 of the Code of Federal Regulations (1 0 CFR), this mearis 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. 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 change involve a significant increase in the probability or consequences of an accident previously evaluated?
The [proposed license amendment] requests the NRC to exercise its preemption authority under Section 161 A of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201a). The proposed amendment does not involve any physical changes to structures, systems or components.
Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.
- 2. Does the proposed change create the possibility of a new or different
- accident from any accident previously evaluated?
The proposed amendment associated with preemption authority does not create the possibility of a new or different accident from any accident previously evaluated.
- 3. Does the proposed change involve a significant reduction in a margin of safety?
The proposed amendment associated with preemption authority does not impact accident analyses; fission product barriers, or margin of safety.
Therefore, the proposed change does not involve a significant reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration.
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The Commission is seeking public comments on this proposed determination. Any comments received by [INSERT DATE 30 DAYS FROM DATE OF-PUBLICATION] will be considered in making any final determination. You may submit comments using any of the methods discussed under the ADDRESSES section of this document.
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.
Ill. Opportunity to Request a Hearing and Petition for Leave to Intervene.
Within 60 days after the date of publication of this Federal Register notice, any person whose interest may be affected by this proceeding and who desires to participate as a party in the proceeding must file a written request for hearing or a petition for leave to intervene specifying the contentions which the person seeks to have litigated in the hearing with respect to the license amendment request. Requests for hearing and petitions for leave to intervene shall be filed in accordance with the NRC's "Agency Rules of Practice and Procedure" in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is 6
available at the NRC's PDR. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for leave to intervene must 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 hearing request or petition must 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 hearing request or petition must also include the specific contentions that the requestor/petitioner seeks to have litigated at the proceeding.
For each contention, the requestor/petitioner must provide a specific statement of the issue of law or fact to be raised or controverted, as well as a brief explanation of the basis for the contention. Additionally, the requestor/petitioner must demonstrate that the issue raised by each contention is within the scope of the proceeding and is material to the findings that the NRC must make to support the granting of a license amendment in response to the application.
The hearing request or petition must also include a concise statement of the alleged facts or expert opinion that support the contention and on which the requestor/petitioner intends to rely
- at the hearing, together with references to those specific sources and documents. The hearing request or petition must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact, including references to specific portions of the application for amendment that the petitioner disputes and the supporting reasons for each dispute. If the requestor/petitioner believes that the application for amendment fails to contain 7
information on a relevant matter as required by law, the requestor/petitioner must identify each
- failure and the supporting reasons for the requestor's/petitioner's belief. Each contention must be one which, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who does not satisfy these requirements for at least one contention will not be permitted to participate as a party, Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that person's admitted contentions, including the opportunity to present evidence and to submit a cross-examination plan for cross-examination of witnesses, consistent with NRC regulations, policies, and procedures. The Atomic Safety and Licensing Board will set the time and place for any prehearing conferences and evidentiary hearings, and the appropriate notices will be provided.
Hearing requests or petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demon$trates good cause by satisfying the three factors in 10 CFR 2.309(c)(1 )(i)-(iii).
If a hearing is requeste~. 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, then any hearing held would take place before the issuance of 8
any amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR Part 2.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their'filings unless they seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least ten 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digitaiiD certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digitaiiD certificate is available on the NRC's public Web site at http://www.nrc.gov/site-he/ple-submittals/qettinq-started.html. System requirements 9
for accessing the E-Submittal server are detailed in the NRC's "Guidance for Electronic Submission," which is available on the agency's public Web site at http://www.nrc.govlsite-he/p/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC's Web site.
Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-he/p/e-submittals. html.
Once a participant has obtained a digitaiiD certificate and a docket has been created, the participant 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's public Web site at http://www.nrc.gov/site-he/p/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely; an electronic filing must be submitted to the E-Filing system no later than 11 :59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digitaiiD
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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 using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the "Contact Us" link located on the NRC's public Web site at http://www.nrc.gov/site-he/ple-submittals.html,, by e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing 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 I
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. A presiding officer, having granted an exemption.
request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded 11
pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or .other law requires submission of such information. However, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.
Petitions for leave to intervene must be filed no later than 60 days from the date of publication of this notice. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1 )(i)-(iii).
Attorney for licensee: Jennifer Post, Esq., Pacific Gas and Electric Company, P.O.
Box 7 442, San Francisco, California 94120.
NRC Acting Branch Chief: Eric R. Oesterle.
Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation.
A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request suchaccess. A "potential party" is any person who intends 12
to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. Tbe expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.govand OGCmailcenter@nrc.gov, respectively. 1 The request must include the following information:
( 1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1 ); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention.
1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's "E-Filing *Rule," the initial request to access SUNS! under these procedures should be submitted as described in this paragraph.
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D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether:
{1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI.
E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted.
The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents.
These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement
- or Affidavit, or Protective Order2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.
F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information.
However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other . contentions (as established in the notice . of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. This provision does not extend the time for filing a request for a hearing and petition to inteNene, which must comply with the requirements of 10 CFR 2.309.
2 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.
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G. Review of Denials ol Access.
' I (1) If the request for access to SUNS I is denied by the NRC staff after a determination on standing and need for access, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with ju~isdiction pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm tharparty's interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access.
If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311. 3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying 3 Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.
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those 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 these procedures.
Dated at Rockville, Maryland, this __ day of [MONTH YEAR].
For the Commission.
Annette L. Vietti-Cook, Secretary of the Commission.
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ATTACHMENT 1--General Target Schedule for Processing and Resolving Requests for Acce~s to Sensitive Unclassified Non-Safeguards Information in this Proceeding Day Event!Activity 0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to1 participate meaningfully in an adjudicatory proceeding.
60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
- 20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI.
(NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
25 If NRC staff finds no "need" or no likelihood of standing, the deadline for petitioner/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.
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.
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Day Event/Activity A+3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
A+28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
A+ 53 (Contention receipt +25) Answers to contentions whose development depends upon access toSUNSI.
A+ 60 (Answer receipt+ 7) Petitioner/Intervenor reply to answers.
>A+60 Decision on contention admission.
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/\
E. Halpin If you have any questions, please contact me at 301-415-1564 or Siva.Lingam@nrc.gov.
Sincerely, IRA/
Siva P. Lingam, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Rea2:tor Regulation Docket Nos. 50-275, 50-323, and 72-26
Enclosure:
Notice of Consideration cc w/encl: Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrDoriLpl4-1 Resource LPL4-1 Reading RidsNrrLAJBurkhardt Resource RidsAcrsAcnw_MaiiCTR Resource RidsNrrPMDiabloCanyon Resource RidsNrrDoriDpr Resource RidsRgn4MaiiCenter Resource ADAMS Accession Nos.: Letter ML15022A152*, FRN ML15022A159 *via email OFFICE NRR/DORULPL4-1/PM NRR/DORL/LPL4-1/LA OGC-NLOw/comments NRR/DORLILPL41/BC(A) NRR/DORLILPL4-1/PM NAME Slingam JBurkhardt Jlindell EOesterle SLingam DATE 1/22/15 1/22/15 1/29/15 1/29/15 1/29/15 OFFICIAL AGENCY RECORD