ML21336A501

Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures

ML21336A501
Person / Time
Issue date:	12/15/2021
From:	Annette Vietti-Cook NRC/SECY
To:
References
FR Citation: 87 FR 256-261; 01-04-22, NRC-2021-0221 87 FR 256
Download: ML21336A501 (20)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2021-0221]

Applications and Amendments to Facility Operating Licenses and Combined

Licenses Involving Proposed No Significant Hazards Consideratio ns and

Containing Sensitive Unclassified Non-Safeguards Information an d Order

Imposing Procedures for Access to Sensitive Unclassified Non-Sa feguards

Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, request a

hearing, and petition for leave to intervene; order imposing pr ocedures.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) received and is

considering approval of three amendment requests. The amendmen t requests are for

Three Mile Island, Unit 2, Quad Cities Nuclear Power Station, U nits 1 and 2, and Prairie

Island Nuclear Generating Plant, Units 1 and 2. For each amend ment request, the NRC

proposes to determine that the request involves no significant hazards consideration

(NSHC). Because each amendment request contains sensitive uncl assified non-

safeguards information (SUNSI), an order imposes procedures to obtain access to

SUNSI for contention preparation by persons who file a hearing request or petition for

leave to intervene.

DATES: Comments must be filed by February 3, 2022. A request for a hearing or

petitions for leave to intervene must be filed by March 7, 2022. Any potential party as

defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who

believes access to SUNSI is necessary to respond to this notice must request document

access by January 14, 2022.

ADDRESSES: You may submit comments by any of the following methods howev er,

the NRC encourages electronic comment submission through the Federal rulemaking

website:

Federal rulemaking website: Go to https://www.regulations.gov and search

for Docket ID NRC-2021-0221. Address questions about Docket IDs in Regulations.gov

to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schu mann@nrc.gov. For

technical questions, contact the individual listed in the For Further Information Contact

section of this document.

Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program

Management, Announcements and Editing Staff.

For additional direction on obtaining information and submittin g comments, see

Obtaining Information and Submitting Comments in the SUPPLEME NTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Rhonda Butler, Office of Nuclear Reactor

Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

telephone: 301-415-8025, email: Rhonda.Butler@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2021-0221, facility name, unit number(s), docket

number(s), application date, and subject when contacting the NR C about the availability

of information for this action. You may obtain publicly availa ble information related to

this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and

2 search for Docket ID NRC-2021-0221.

NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADA MS Public

Documents collection at https ://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS a ccession number

for each document referenced (if it is available in ADAMS) is p rovided the first time that it

is mentioned in this document.

NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,

except Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal

rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-

2021-0221 facility name, unit number(s), docket number(s), application d ate, and

subject, in your comment submission.

The NRC cautions you not to include identifying or contact info rmation that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulations.gov as well as e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

3 If you are requesting or aggregating comments from other person s 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 dis closed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the commen t submissions

available to the public or entering the comment into ADAMS.

II. Background

Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as amended (the

Act), the NRC is publishing this notice. The Act requires the Commission to publish

notice of any amendments issued or proposed to be issued and gr ants the Commission

the authority to issue and make immediately effective any amend ment to an operating

license or combined license, as applicable, upon a determinatio n by the Commission

that such amendment involves NSHC, notwithstanding the pendency before the

Commission of a request for a hearing from any person.

This notice includes notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facil ity Operating

Licenses and Combined Licenses, Proposed No Significant Hazards

Consideration Determination, and Opportunity for a Hearing

The Commission has made a proposed determination that the follo wing

amendment requests involve NSHC. Under the Commissions regula tions in

10 CFR 50.92, this means that operation of the facility in acco rdance with the proposed

amendment would not (1) involve a significant increase in the p robability or

consequences of an accident previously evaluated, or (2) create the possibility of a new

or different kind of accident from any accident previously eval uated, or (3) involve a

4 significant reduction in a margin of safety. The basis for thi s proposed determination for

each amendment request is further noted.

The Commission is seeking public comments on these proposed det erminations.

Any comments received within 30 days after the date of publicat ion of this notice will be

considered in making any final determination.

Normally, the Commission will not issue the amendments until th e expiration of

60 days after the date of publication of this notice. The Comm ission may issue any of

these license amendments before expiration of the 60-day period provided that its final

determination is that the amendment involves no significant haz ards consideration. In

addition, the Commission may issue any of these amendments prio r to the expiration of

the 30-day comment period if circumstances change during the 30 -day comment period

such that failure to act in a timely way would result, for exam ple, in derating or shutdown

of the facility. If the Commission takes action prior to the e xpiration of either the

comment period or the notice period, it will publish a notice o f issuance in the Federal

Register. If the Commission makes a final no significant hazards consi deration

determination, any hearing will take place after issuance. The Commission expects that

the need to take this action will occur very infrequently.

A. Opportunity to Request a Hearing and Petition for Leave to I ntervene

Within 60 days after the date of publication of this notice, an y persons (petitioner)

whose interest may be affected by any of these actions may file a request for a hearing

and petition for leave to intervene (petition) with respect to that action. Petitions shall be

filed in accordance with the Commissions Agency Rules of Prac tice and Procedure in

10 CFR part 2. Interested persons should consult a current cop y of 10 CFR 2.309. The

NRCs regulations are accessible electronically from the NRC Li brary on the NRCs

website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, the

5 Commission or a presiding officer will rule on the petition and, if appropriate, a notice of

a hearing will be issued.

As required by 10 CFR 2.309(d) the petition should specifically explain the

reasons why intervention should be permitted with particular re ference to the following

general requirements for standing: (1) the name, address, and telephone number of the

petitioner; (2) the nature of the petitioners right to be made a party to the proceeding;

(3) the nature and extent of the petitioners property, financi al, or other interest in the

proceeding; and (4) the possible effect of any decision or orde r which may be entered in

the proceeding on the petitioners interest.

In accordance with 10 CFR 2.309(f), the petition must also set forth the specific

contentions that the petitioner seeks to have litigated in the proceeding. Each contention

must consist of a specific statement of the issue of law or fac t to be raised or

controverted. In addition, the petitioner must provide a brief explanation of the bases for

the contention and a concise statement of the alleged facts or expert opinion that

support the contention and on which the petitioner intends to r ely in proving the

contention at the hearing. The petitioner must also provide re ferences to the specific

sources and documents on which the petitioner intends to rely t o support its position on

the issue. The petition must include sufficient information to show that a genuine dispute

exists with the applicant or licensee on a material issue of la w or fact. Contentions must

be limited to matters within the scope of the proceeding. The contention must be one

that, if proven, would entitle the petitioner to relief. A pet itioner who fails to satisfy the

requirements at 10 CFR 2.309(f) with respect to at least one co ntention will not be

permitted to participate as a party.

Those permitted to intervene become parties to the proceeding, subject to any

limitations in the order granting leave to intervene. Parties have the opportunity to

6 participate fully in the conduct of the hearing with respect to resolution of that partys

admitted contentions, including the opportunity to present evid ence, consistent with the

NRCs regulations, policies, and procedures.

Petitions must be filed no later than 60 days from the date of publication of this

notice. Petitions and motions for leave to file new or amended contentions that are filed

after the deadline will not be entertained absent a determinati on by the presiding officer

that the filing demonstrates good cause by satisfying the three factors in

10 CFR 2.309(c)(1)(i) through (iii). The petition must be file d in accordance with the

filing instructions in the Electronic Submissions (E-Filing) section of this document.

If a hearing is requested, and the Commission has not made a fi nal

determination on the issue of NSHC, the Commission will make a final determination on

the issue of NSHC. The final determination will serve to estab lish when the hearing is

held. If the final determination is that the amendment request involves NSHC, the

Commission may issue the amendment and make it immediately effe ctive,

notwithstanding the request for a hearing. Any hearing would t ake place after issuance

of the amendment. If the final determination is that the amend ment request involves a

significant hazards consideration, then any hearing held would take place before the

issuance of the amendment unless the Commission finds an immine nt danger to the

health or safety of the public, in which case it will issue an appropriate order or rule

under 10 CFR part 2.

A State, local governmental body, Federally recognized Indian T ribe, or agency

thereof, may submit a petition to the Commission to participate as a party under

10 CFR 2.309(h)(1). The petition should state the nature and e xtent of the petitioners

interest in the proceeding. The petition should be submitted t o the Commission no later

than 60 days from the date of publication of this notice. The petition must be filed in

7 accordance with the filing instructions in the Electronic Subm issions (E-Filing) section

of this document, and should meet the requirements for petition s set forth in this section,

except that under 10 CFR 2.309(h)(2) a State, local governmenta l body, or Federally

recognized Indian Tribe, or agency thereof does not need to add ress the standing

requirements in 10 CFR 2.309(d) if the facility is located with in its boundaries.

Alternatively, a State, local governmental body, Federally reco gnized Indian Tribe, or

agency thereof may participate as a non-party under 10 CFR 2.31 5(c).

If a petition is submitted, any person who is not a party to th e proceeding and is

not affiliated with or represented by a party may, at the discr etion of the presiding officer,

be permitted to make a limited appearance pursuant to the provi sions of

10 CFR 2.315(a). A person making a limited appearance may make an oral or written

statement of his or her position on the issues but may not othe rwise participate in the

proceeding. A limited appearance may be made at any session of the hearing or at any

prehearing conference, subject to the limits and conditions as may be imposed by the

presiding officer. Details regarding the opportunity to make a limited appearance will be

provided by the presiding officer if such sessions are schedule d.

B. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings including d ocuments filed

by an interested State, local governmental body, Federally reco gnized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process re quires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitt ing an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions

is located in the Guidance for Electronic Submissions to the NR C (ADAMS Accession

8 No. ML13031A056) and on the NRC website at https://www.nrc.gov/ site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at leas t 10 days prior to

the filing deadline, the participant should contact the Office of the Secretary by email at

Hearing.Docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital

identification (ID) certificate, which allows the participant ( or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Sec retary that the participant

will be submitting a petition or other adjudicatory document (e ven in instances in which

the participant, or its counsel or representative, already hold s an NRC-issued digital ID

certificate). Based upon this information, the Secretary will establish an electronic

docket for the proceeding if the Secretary has not already esta blished an electronic

docket.

Information about applying for a digital ID certificate is avai lable on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/ge tting-started.html. After a

digital ID certificate is obtained and a docket created, the pa rticipant must submit

adjudicatory documents in Portable Document Format. Guidance o n submissions is

available on the NRCs public website at https://www.nrc.gov/si te-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the docu ment is submitted through

the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-

Filing system no later than 11:59 p.m. ET on the due date. Upo n receipt of a

transmission, the E-Filing system timestamps the document and s ends the submitter an

email confirming receipt of the document. The E-Filing system also distributes an email

that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that th ey wish to participate in

9 the proceeding, so that the filer need not serve the document o n those participants

separately. Therefore, applicants and other participants (or t heir counsel or

representative) must apply for and receive a digital ID certifi cate before adjudicatory

documents are filed to obtain access to the documents via the E -Filing system.

A person filing electronically u sing the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https: //www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a tol l-free call at 1-866-

672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m.,

ET, Monday through Friday, excluding government holidays.

Participants who believe that they have good cause for not subm itting documents

electronically must file an exemption request, in accordance wi th 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in pap er format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Part icipants filing

adjudicatory documents in this manner are responsible for servi ng their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.30 2(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https ://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an

NRC-issued digital ID certificate as previously described, click cancel when the link

requests certificates and you will be automatically directed to the NRCs electronic

hearing dockets where you will be able to access any publicly a vailable documents in a

10 particular hearing docket. Participants are requested not to i nclude personal privacy

information such as social security numbers, home addresses, or personal phone

numbers in their filings unless an NRC regulation or other law requires submission of

such information. With respect to copyrighted works, except fo r limited excerpts that

serve the purpose of the adjudicatory filings and would constit ute a Fair Use application,

participants should not include copyrighted materials in their submission.

Exelon Generation Company, LLC; Quad Cities Nuclear Power Stati on, Units 1 and 2; Rock Island County, IL Docket No(s). 50-254, 50-265 Application Date September 14, 2021, as supplemented by letter(s) dated November 3, 2021

ADAMS Accession No. ML21257A419 (Package) ML21307A444

Location in Application of NSHC Pages 8-10 of Attachment 1 The proposed amendment would revise the Technical Specifications 5.6.5, "Core Operating Limits Report [COLR]," paragraph b, to add a report that supports the General Electric Standard Application for Reactor Fuel analysis methodology to the list of approved methods to be used in determining the core operating limits Brief Description of Amendment(s) in the COLR. The licensee also plans to utilize Framatome RODEX2A methodology with an additional thermal conductivity degradation penalty in mixed core thermal-mechanical calculations. Additionally, in support of the proposed transition to GNF3 fuel, Exelon Generation Company proposes to revise the alternative source term loss-of-coolant accident analysis to use a bounding core inventory.

Proposed Determination NSHC Name of Attorney for Licensee, Mailing Tamra Domeyer, Associate General Counsel, Address Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555 NRC Project Manager, Telephone Number Booma Venkataraman, 301-415-2934 Northern States Power Company - Minnesota; Prairie Island Nucle ar Generating Plant, Units 1 and 2; Goodhue County, MN Docket No(s). 50-282, 50-306 Application Date October 2, 2021 ADAMS Accession No. ML21277A173

11 Location in Application of NSHC Pages 8 and 9 of Enclosure 1 The proposed amendment would revise Technical Specification 3.3.1, "Reactor Trip System (RTS) Instrumentation" for the power range (PR) RTS instrumentation channels. The Brief Description of Amendment(s) proposed change would allow the PR RTS instrumentation channels to be bypassed during surveillance testing. The proposed amendment would also allow the input relays for the PR RTS instrumentation channels to be excluded from the Channel Operation Test.

Proposed Determination NSHC Name of Attorney for Licensee, Mailing Peter M. Glass, Assistant General Counsel, Address Xcel Energy, 414 Nicollet Mall - 401-8, Minneapolis, MN 55401 NRC Project Manager, Telephone Number Robert Kuntz, 301-415-3733 TMI-2 Solutions, LLC; Three Mile Island Unit 2; Londonderry Tow nship, Dauphin County, PA Docket No(s). 50-320 Application Date September 21, 2021 ADAMS Accession No. ML21267A510 (Package)

Location in Application of NSHC Pages 1 - 4 of Attachment 1 The amendment would revise the TMI-2 site Brief Description of Amendment(s) security plan to one that is compliant with 10 CFR part 37.

Proposed Determination NSHC Name of Attorney for Licensee, Mailing Russ Workman, General Counsel, Address EnergySolutions, 299 South Main Street, Suite 1700, Salt Lake City, UT 84111 NRC Project Manager, Telephone Number Theodore Smith, 301-415-6721

12 Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards

Information for Contention Preparation

TMI-2 Solutions, LLC; Three Mile Island Unit 2; Londonderry Tow nship,

Dauphin County, PA

Exelon Generation Company, LLC; Quad Cities Nuclear Power Stati on,

Units 1 and 2; Rock Island County, IL

Northern States Power Company - Minnesota; Prairie Island Nucle ar Generating

Plant, Units 1 and 2; Goodhue County, MN

A. This Order contains instructions regarding how potential par ties to this

proceeding may request access to documents containing SUNSI.

B. Within 10 days after publication of this notice of hearing a nd opportunity

to petition for leave to intervene, any potential party who bel ieves access to SUNSI is

necessary to respond to this notice may request access to SUNSI. A potential party is

any person who intends to participate as a party by demonstrati ng 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 c ould not have been filed

earlier.

C. The requestor shall submit a letter requesting permission to access

SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory C ommission,

Washington, DC 20555-0001, Attention: Rulemakings and Adjudica tions Staff, and

provide a copy to the Deputy General Counsel for Licensing, Enf orcement and Hearings,

Office of the General Counsel, U.S. Nuclear Regulatory Commissi on, Washington, DC

20555-0001. The expedited delivery or courier mail address for both offices is: U.S.

13 Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The

email address for the Office of the Secretary and the Office of the General Counsel are

Hearing.Docket@nrc.gov and RidsOgcMailCenter.Resource@nrc.gov, respectively.1

The request must include the following information:

(1) A description of the licensing action with a citation to th is Federal Register

notice;

(2) The name and address of the potential party and a descripti on of the

potential partys 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

requestors 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 su fficient to provide the

basis and specificity for a proffered contention.

D. Based on an evaluation of the information submitted under pa ragraph

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 li kely 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 bot h D.(1) and

D.(2), 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

1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.

14 obtain copies of the requested documents, and any other conditi ons that may apply to

access to those documents. These conditions may include, but a re not limited to, the

signing of a Non-Disclosure Agreement or Affidavit, or Protecti ve 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 receipt of ( or access to) that

information. However, if more than 25 days remain between the petitioners 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.

G. Review of Denials of Access.

(1) If the request for access to SUNSI is denied by the NRC sta ff after a

determination on standing and requisite need, the NRC staff sha ll immediately notify the

requestor in writing, briefly stating the reason or reasons for the denial.

(2) The requestor may challenge the NRC staffs adverse determi nation by

filing a challenge within 5 days of receipt of that determinati on with: (a) the presiding

officer designated in this proceeding; (b) if no presiding offi cer has been appointed, the

Chief Administrative Judge, or if he or she is unavailable, ano ther administrative judge,

or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if

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.

15 another officer has been designated to rule on information acce ss issues, with that

officer.

(3) Further appeals of decisions under this paragraph must be m ade

pursuant to 10 CFR 2.311.

H. Review of Grants of Access. A party other than the requesto r may

challenge an NRC staff determination granting access to SUNSI w hose release would

harm that partys interest independent of the proceeding. Such a challenge must be filed

within 5 days of the notification by the NRC staff of its grant of access and must be filed

with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer

has been appointed, the Chief Administrative Judge, or if he or she is unavailable,

another administrative judge, or an Administrative Law Judge wi th jurisdiction pursuant

to 10 CFR 2.318(a); or (c) if another officer has been designat ed to rule on information

access issues, with that officer.

If challenges to the NRC staff determinations are filed, these procedures give

way to the normal process for litigating disputes concerning ac cess to information. The

availability of interlocutory review by the Commission of order s 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 offi cers (and

any other reviewing officers) will consider and resolve request s for access to SUNSI,

and motions for protective orders, in a timely fashion in order to minimize any

unnecessary delays in identifying those petitioners who have st anding and who have

propounded contentions meeting the specificity and basis requir ements in

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

16 10 CFR part 2. The attachment to this Order summarizes the gen eral target schedule

for processing and resolving requests under these procedures.

IT IS SO ORDERED.

Dated: December 15, 2021.

For the Nuclear Regulatory Commission.

/RA/

Annette L. Vietti-Cook, Secretary of the Commission.

17 ATTACHMENT 1--General Target Schedule for Processing and Resolv ing Requests for Access to Sensitive Unclassified Non-Safeguards In formation 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 a ccess requests.

10 Deadline for submitting requests for access to Sensitive Unc lassified Non-Safeguards Information (SUNSI) with information: supporting th e standing of a potential party identified by name and address; describing th e need for the information in order for the potential party to participate mea ningfully in an adjudicatory proceeding.

60 Deadline for submitting petition for intervention containing : (i) demonstration of standing; and (ii) all contentions whose formulation does no t require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).

20 U.S. Nuclear Regulatory Commission (NRC) staff informs the r equestor of the staffs 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, t he deadline for petitioner/requestor to file a motion seeking a ruling to rever se the NRC staffs denial of access; NRC staff files copy of access determ ination with the presiding officer (or Chief Administrative Judge or other desig nated officer, as appropriate). If NRC staff finds need for SUNSI, the deadlin e 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 seeki ng a ruling to reverse the NRC staffs 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 applica nt/licensee to file Non-Disclosure Agreement for SUNSI.

A If access granted: issuance of presiding officer or other de signated officer decision on motion for protective order for access to sensitive information

18 Day Event/Activity (including schedule for providing access and submission of cont entions) or decision reversing a final adverse determination by the NRC sta ff.

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 petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportun ity to request a hearing and petition for leave to intervene), the petitioner ma y file its SUNSI contentions by that later deadline.

A + 53 (Contention receipt +25) Answers to contentions whose de velopment depends upon access to SUNSI.

A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answe rs.

>A + 60 Decision on contention admission.

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