ML22068A168

Attachment - Federal Register/Vol. 86, No. 126/Tuesday, July 6, 2021/Notices

ML22068A168
Person / Time
Site:	Three Mile Island
Issue date:	07/06/2021
From:	Annette Vietti-Cook NRC/SECY
To:
Snyder A
Shared Package
ML22068A160	List: ML22068A167 ML22068A168
References
Download: ML22068A168 (7)

Text

35544 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices regulations, and orders issued by the NUCLEAR REGULATORY

• Mail comments to: Office of Commission pursuant thereto. COMMISSION Administration, Mail Stop: TWFN The findings set forth above are A60M, U.S. Nuclear Regulatory

[NRC-2021-0118]

supported by an NRC staff safety Commission, Washington, DC 20555-evaluation dated the same date as this Applications and Amendments to 0001, ATTN: Program Management, Facility Operating Licenses and Announcements and Editing Staff.

Order, which is available at ADAMS For additional direction on obtaining Accession No. ML21159A042. Combined Licenses Involving Proposed No Significant Hazards information and submitting comments, III. Considerations and Containing see Obtaining Information and Sensitive Unclassified Non-Safeguards Submitting Comments in the Accordingly, pursuant to Sections SUPPLEMENTARY INFORMATION section of Information and Safeguards 161b, 161i, and 184 of the Atomic this document.

Information and Order Imposing Energy Act of 1954, as amended, 42 Procedures for Access to Sensitive FOR FURTHER INFORMATION CONTACT:

U.S.C. 2201(b), 2201(i), and 2234; and Unclassified Non-Safeguards Paula Blechman, Office of Nuclear 10 CFR 50.80 and 10 CFR 72.50, it is Information and Safeguards Reactor Regulation, U.S. Nuclear hereby ordered that the application Information Regulatory Commission, Washington, regarding the proposed indirect license DC 20555-0001, telephone: 301-415-transfers is approved for Vermont AGENCY: Nuclear Regulatory 2242, email: Paula.Blechman@nrc.gov.

Yankee, CR3, and their respective Commission. SUPPLEMENTARY INFORMATION:

ISFSIs. ACTION: License amendment request; notice of opportunity to comment, I. Obtaining Information and It is further ordered that after receipt Submitting Comments of all required regulatory approvals of request a hearing, and petition for leave to intervene; order imposing A. Obtaining Information the proposed indirect transfer action, procedures. Please refer to Docket ID NRC-2021-the Applicants shall inform the Director of the NRC Office of Nuclear Material

SUMMARY

The U.S. Nuclear Regulatory 0118, facility name, unit number(s),

Safety and Safeguards in writing of such Commission (NRC) received and is docket number(s), application date, and receipt, and of the date of the closing of considering approval of two amendment subject when contacting the NRC about the transfer, no later than two business requests. The amendment requests are the availability of information for this days prior to the date of the closing of for Perry Nuclear Power Plant, Unit 1 action. You may obtain publicly the transfer. Should the proposed and Three Mile Island Nuclear Station, available information related to this indirect transfer not be completed Unit 1. For each amendment request, action by any of the following methods:

the NRC proposes to determine that they

• Federal Rulemaking Website: Go to within 1 year of the date of this Order, involve no significant hazards https://www.regulations.gov and search this Order shall become null and void, consideration (NSHC). Because each for Docket ID NRC-2021-0118.

provided, however, upon written

• NRCs Agencywide Documents application and for good cause shown, amendment request contains sensitive unclassified non-safeguards information Access and Management System such date may be extended by order. (ADAMS): You may obtain publicly (SUNSI) and safeguards information This Order is effective upon issuance. (SGI), an order imposes procedures to available documents online in the For further details with respect to this obtain access to SUNSI and SGI for ADAMS Public Documents collection at Order, see the indirect license transfer contention preparation by persons who https://www.nrc.gov/reading-rm/

application dated November 19, 2020, file a hearing request or petition for adams.html. To begin the search, select the supplemental information dated leave to intervene. Begin Web-based ADAMS Search. For problems with ADAMS, please contact April 13, 2021, and the NRC staff safety DATES: Comments must be filed by the NRCs Public Document Room (PDR) evaluation dated the same date as this August 5, 2021. A request for a hearing reference staff at 1-800-397-4209, 301-Order, which are publicly available or petitions for leave to intervene must 415-4737, or by email to pdr.resource@

electronically through ADAMS in the be filed by September 7, 2021. Any nrc.gov. The ADAMS accession number NRC Library at https://www.nrc.gov/ potential party as defined in section 2.4 for each document referenced (if it is reading-rm/adams.html. Persons who of title 10 of the Code of Federal available in ADAMS) is provided the encounter problems with ADAMS Regulations (10 CFR) who believes first time that it is mentioned in this should contact the NRCs Public access to SUNSI and/or SGI is necessary document.

Document Room reference staff by to respond to this notice must request

• Attention: The PDR, where you may telephone at 1-800-397-4209 or 301- document access by July 16, 2021. examine and order copies of public 415-4737 or by email to pdr.resource@ ADDRESSES: You may submit comments documents, is currently closed. You nrc.gov. by any of the following methods; may submit your request to the PDR via however, the NRC encourages electronic email at pdr.resource@nrc.gov or call 1-Dated this 28th day of June, 2021.

comment submission through the 800-397-4209 or 301-415-4737, For the Nuclear Regulatory Commission. Federal Rulemaking website: between 8:00 a.m. and 4:00 p.m. (EST),

John W. Lubinski,

• Federal Rulemaking Website: Go to Monday through Friday, except Federal Director, Office of Nuclear Material, Safety, https://www.regulations.gov and search holidays.

and Safeguards. for Docket ID NRC-2021-0118. Address

[FR Doc. 2021-14266 Filed 7-2-21; 8:45 am] questions about Docket IDs in B. Submitting Comments jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7590-01-P Regulations.gov to Stacy Schumann; The NRC encourages electronic telephone: 301-415-0624; email: comment submission through the Stacy.Schumann@nrc.gov. For technical Federal Rulemaking website (https://

questions, contact the individual listed www.regulations.gov). Please include in the FOR FURTHER INFORMATION Docket ID NRC-2021-0118, facility CONTACT section of this document. name, unit number(s), docket VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices 35545 number(s), application date, and proposed determination for each property, financial, or other interest in subject, in your comment submission. amendment request is shown as follows. the proceeding; and (4) the possible The NRC cautions you not to include The Commission is seeking public effect of any decision or order which identifying or contact information that comments on this proposed may be entered in the proceeding on the you do not want to be publicly determination. Any comments received petitioners interest.

disclosed in your comment submission. within 30 days after the date of In accordance with 10 CFR 2.309(f),

The NRC will post all comment publication of this notice will be the petition must also set forth the submissions at https:// considered in making any final specific contentions that the petitioner www.regulations.gov as well as enter the determination. seeks to have litigated in the comment submissions into ADAMS. Normally, the Commission will not proceeding. Each contention must The NRC does not routinely edit issue the amendment until the consist of a specific statement of the comment submissions to remove expiration of 60 days after the date of issue of law or fact to be raised or identifying or contact information. publication of this notice. The controverted. In addition, the petitioner If you are requesting or aggregating Commission may issue the license must provide a brief explanation of the comments from other persons for amendment before expiration of the 60- bases for the contention and a concise day period provided that its final statement of the alleged facts or expert submission to the NRC, then you should determination is that the amendment opinion that support the contention and inform those persons not to include involves no significant hazards on which the petitioner intends to rely identifying or contact information that consideration. In addition, the in proving the contention at the hearing.

they do not want to be publicly Commission may issue the amendment The petitioner must also provide disclosed in their comment submission.

prior to the expiration of the 30-day references to the specific sources and Your request should state that the NRC comment period if circumstances documents on which the petitioner does not routinely edit comment change during the 30-day comment intends to rely to support its position on submissions to remove such information period such that failure to act in a the issue. The petition must include before making the comment timely way would result, for example, sufficient information to show that a submissions available to the public or in derating or shutdown of the facility. genuine dispute exists with the entering the comment into ADAMS. If the Commission takes action prior to applicant or licensee on a material issue II. Background the expiration of either the comment of law or fact. Contentions must be period or the notice period, it will limited to matters within the scope of Pursuant to Section 189a.(2) of the publish a notice of issuance in the the proceeding. The contention must be Atomic Energy Act of 1954, as amended Federal Register. If the Commission one that, if proven, would entitle the (the Act), the NRC is publishing this makes a final no significant hazards petitioner to relief. A petitioner who notice. The Act requires the consideration determination, any fails to satisfy the requirements at 10 Commission to publish notice of any hearing will take place after issuance. CFR 2.309(f) with respect to at least one amendments issued, or proposed to be The Commission expects that the need contention will not be permitted to issued and grants the Commission the to take this action will occur very participate as a party.

authority to issue and make infrequently. Those permitted to intervene become immediately effective any amendment parties to the proceeding, subject to any to an operating license or combined A. Opportunity To Request a Hearing limitations in the order granting leave to license, as applicable, upon a and Petition for Leave To Intervene intervene. Parties have the opportunity determination by the Commission that Within 60 days after the date of to participate fully in the conduct of the such amendment involves NSHC, publication of this notice, any persons hearing with respect to resolution of notwithstanding the pendency before (petitioner) whose interest may be that partys admitted contentions, the Commission of a request for a affected by any of these actions may file including the opportunity to present hearing from any person. a request for a hearing and petition for evidence, consistent with the NRCs This notice includes notices of leave to intervene (petition) with respect regulations, policies, and procedures.

amendments containing SUNSI and SGI. to that action. Petitions shall be filed in Petitions must be filed no later than III. Notice of Consideration of Issuance accordance with the Commissions 60 days from the date of publication of of Amendments to Facility Operating Agency Rules of Practice and this notice. Petitions and motions for Licenses and Combined Licenses, Procedure in 10 CFR part 2. Interested leave to file new or amended Proposed No Significant Hazards persons should consult a current copy contentions that are filed after the Consideration Determination, and of 10 CFR 2.309. The NRCs regulations deadline will not be entertained absent Opportunity for a Hearing are accessible electronically from the a determination by the presiding officer NRC Library on the NRCs website at that the filing demonstrates good cause The Commission has made a https://www.nrc.gov/reading-rm/doc- by satisfying the three factors in 10 CFR proposed determination that the collections/cfr/. If a petition is filed, the 2.309(c)(1)(i) through (iii). The petition following amendment requests involve Commission or a presiding officer will must be filed in accordance with the NSHC. Under the Commissions rule on the petition and, if appropriate, filing instructions in the Electronic regulations in 10 CFR 50.92, this means a notice of a hearing will be issued. Submissions (E-Filing) section of this that operation of the facility in As required by 10 CFR 2.309(d) the document.

accordance with the proposed petition should specifically explain the If a hearing is requested, and the amendment would not (1) involve a reasons why intervention should be Commission has not made a final significant increase in the probability or permitted with particular reference to determination on the issue of NSHC, the jbell on DSKJLSW7X2PROD with NOTICES consequences of an accident previously the following general requirements for Commission will make a final evaluated, or (2) create the possibility of standing: (1) The name, address, and determination on the issue of NSHC.

a new or different kind of accident from telephone number of the petitioner; (2) The final determination will serve to any accident previously evaluated, or the nature of the petitioners right to be establish when the hearing is held. If the (3) involve a significant reduction in a made a party to the proceeding; (3) the final determination is that the margin of safety. The basis for this nature and extent of the petitioners amendment request involves NSHC, the VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

35546 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices Commission may issue the amendment agency thereof that requests to filer need not serve the document on and make it immediately effective, participate under 10 CFR 2.315(c), must those participants separately. Therefore, notwithstanding the request for a be filed in accordance with 10 CFR applicants and other participants (or hearing. Any hearing would take place 2.302. The E-Filing process requires their counsel or representative) must after issuance of the amendment. If the participants to submit and serve all apply for and receive a digital ID final determination is that the adjudicatory documents over the certificate before adjudicatory amendment request involves a internet, or in some cases, to mail copies documents are filed to obtain access to significant hazards consideration, then on electronic storage media, unless an the documents via the E-Filing system.

any hearing held would take place exemption permitting an alternative A person filing electronically using before the issuance of the amendment filing method, as discussed below, is the NRCs adjudicatory E-Filing system unless the Commission finds an granted. Detailed guidance on electronic may seek assistance by contacting the imminent danger to the health or safety submissions is located in the Guidance NRCs Electronic Filing Help Desk of the public, in which case it will issue for Electronic Submissions to the NRC through the Contact Us link located an appropriate order or rule under 10 (ADAMS Accession No. ML13031A056) on the NRCs public website at https://

CFR part 2. and on the NRC website at https:// www.nrc.gov/site-help/e-A State, local governmental body, www.nrc.gov/site-help/e- submittals.html, by email to Federally recognized Indian Tribe, or submittals.html. MSHD.Resource@nrc.gov, or by a toll-agency thereof, may submit a petition to To comply with the procedural free call at 1-866-672-7640. The NRC the Commission to participate as a party requirements of E-Filing, at least 10 Electronic Filing Help Desk is available under 10 CFR 2.309(h)(1). The petition days prior to the filing deadline, the between 9 a.m. and 6 p.m., Eastern should state the nature and extent of the participant should contact the Office of Time, Monday through Friday, petitioners interest in the proceeding. the Secretary by email at excluding government holidays.

The petition should be submitted to the hearing.docket@nrc.gov, or by telephone Participants who believe that they Commission no later than 60 days from at 301-415-1677, to (1) request a digital have good cause for not submitting the date of publication of this notice. identification (ID) certificate, which documents electronically must file an The petition must be filed in accordance allows the participant (or its counsel or exemption request, in accordance with with the filing instructions in the representative) to digitally sign 10 CFR 2.302(g), with their initial paper Electronic Submissions (E-Filing) submissions and access the E-Filing filing stating why there is good cause for section of this document, and should system for any proceeding in which it not filing electronically and requesting meet the requirements for petitions set is participating; and (2) advise the authorization to continue to submit forth in this section, except that under Secretary that the participant will be documents in paper format. Such filings 10 CFR 2.309(h)(2) a State, local submitting a petition or other must be submitted in accordance with governmental body, or Federally adjudicatory document (even in 10 CFR 2.302(b)-(d). Participants filing recognized Indian Tribe, or agency instances in which the participant, or its adjudicatory documents in this manner thereof does not need to address the counsel or representative, already holds are responsible for serving their standing requirements in 10 CFR an NRC-issued digital ID certificate). documents on all other participants.

2.309(d) if the facility is located within Based upon this information, the Participants granted an exemption its boundaries. Alternatively, a State, Secretary will establish an electronic under 10 CFR 2.302(g)(2) must still meet local governmental body, Federally docket for the proceeding if the the electronic formatting requirement in recognized Indian Tribe, or agency Secretary has not already established an 10 CFR 2.302(g)(1), unless the thereof may participate as a non-party electronic docket. participant also seeks and is granted an under 10 CFR 2.315(c). Information about applying for a exemption from 10 CFR 2.302(g)(1).

If a petition is submitted, any person digital ID certificate is available on the Documents submitted in adjudicatory who is not a party to the proceeding and NRCs public website at https:// proceedings will appear in the NRCs is not affiliated with or represented by www.nrc.gov/site-help/e-submittals/ electronic hearing docket, which is a party may, at the discretion of the getting-started.html. After a digital ID publicly available at https://

presiding officer, be permitted to make certificate is obtained and a docket adams.nrc.gov/ehd, unless excluded a limited appearance pursuant to the created, the participant must submit pursuant to an order of the presiding provisions of 10 CFR 2.315(a). A person adjudicatory documents in Portable officer. If you do not have an NRC-making a limited appearance may make Document Format. Guidance on issued digital ID certificate as described an oral or written statement of his or her submissions is available on the NRCs above, click cancel when the link position on the issues but may not public website at https://www.nrc.gov/ requests certificates and you will be otherwise participate in the proceeding. site-help/electronic-sub-ref-mat.html. A automatically directed to the NRCs A limited appearance may be made at filing is considered complete at the time electronic hearing dockets where you any session of the hearing or at any the document is submitted through the will be able to access any publicly prehearing conference, subject to the NRCs E-Filing system. To be timely, an available documents in a particular limits and conditions as may be electronic filing must be submitted to hearing docket. Participants are imposed by the presiding officer. Details the E-Filing system no later than 11:59 requested not to include personal regarding the opportunity to make a p.m. Eastern Time on the due date. privacy information such as social limited appearance will be provided by Upon receipt of a transmission, the E- security numbers, home addresses, or the presiding officer if such sessions are Filing system time stamps the document personal phone numbers in their filings scheduled. and sends the submitter an email unless an NRC regulation or other law confirming receipt of the document. The requires submission of such jbell on DSKJLSW7X2PROD with NOTICES B. Electronic Submissions (E-Filing) E-Filing system also distributes an email information. With respect to All documents filed in NRC that provides access to the document to copyrighted works, except for limited adjudicatory proceedings including the NRCs Office of the General Counsel excerpts that serve the purpose of the documents filed by an interested State, and any others who have advised the adjudicatory filings and would local governmental body, Federally Office of the Secretary that they wish to constitute a Fair Use application, recognized Indian Tribe, or designated participate in the proceeding, so that the participants should not include VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices 35547 copyrighted materials in their submission.

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Perry Nuclear Power Plant, Unit 1; Lake County, OH Docket No(s) ....................................................... 50-440.

Application Date .................................................. April 7, 2021.

ADAMS Accession No ........................................ ML21106A027 (Package).

Location in Application of NSHC ........................ Pages 51-52 of Enclosure A.

Brief Description of Amendment(s) .................... The proposed amendment would revise the Updated Safety Analysis Report to change the methodology used for analysis of flooding hazards and drainage within the local intense pre-cipitation domain and reflect the results from the new analysis. Based on the new analysis, a new flood hazard protection scheme is also proposed for Perry Nuclear Power Plant, Unit 1.

Proposed Determination ..................................... NSHC.

Name of Attorney for Licensee, Mailing Address Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A-GO-15, 76 South Main Street, Akron, OH 44308.

NRC Project Manager, Telephone Number ....... Scott Wall, 301-415-2855.

Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1; Dauphin County, PA Docket No(s) ....................................................... 50-289,72-077.

Application Date .................................................. April 29, 2021.

ADAMS Accession No ........................................ ML21145A183.

Location in Application of NSHC ........................ Pages 5-6 of Attachment 1.

Brief Description of Amendment(s) .................... Exelon Generation Company, LLC requests an amendment to Renewed Facility License No.

DRP-50 for Three Mile Island Nuclear Station, Unit 1 (TMI-1) and the approval of the pro-posed TMI-1 Independent Spent Fuel Storage Installation (ISFSI) Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (ISFSI Security Plan) and Alter-native Measures. The proposed amendment would revise the TMI-1 license to reflect the requirements for an ISFSI only configuration, consistent with the permanent removal of all spent fuel from the spent fuel pool.

Proposed Determination ..................................... NSHC.

Name of Attorney for Licensee, Mailing Address Donald P. Ferraro, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, Kennett Square, PA 19348.

NRC Project Manager, Telephone Number ....... Theodore Smith, 301-415-6721.

Order Imposing Procedures for Access or SGI submitted later than 10 days after (1) A description of the licensing to Sensitive Unclassified Non- publication will not be considered action with a citation to this Federal Safeguards Information and Safeguards absent a showing of good cause for the Register notice; Information for Contention Preparation late filing, addressing why the request (2) The name and address of the could not have been filed earlier. potential party and a description of the Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; C. The requestor shall submit a letter potential partys particularized interest Perry Nuclear Power Plant, Unit 1; Lake requesting permission to access SUNSI, that could be harmed by the action County, OH SGI, or both to the Office of the identified in C.(1);

Secretary, U.S. Nuclear Regulatory (3) If the request is for SUNSI, the Exelon Generation Company, LLC; Commission, Washington, DC 20555- identity of the individual or entity Three Mile Island Nuclear Station, Unit 0001, Attention: Rulemakings and requesting access to SUNSI and the 1; Dauphin County, PA Adjudications Staff, and provide a copy requestors basis for the need for the A. This Order contains instructions to the Deputy General Counsel for information in order to meaningfully regarding how potential parties to this Hearings and Administration, Office of participate in this adjudicatory proceeding may request access to the General Counsel, U.S. Nuclear proceeding. In particular, the request documents containing sensitive Regulatory Commission, Washington, must explain why publicly available unclassified information (including DC 20555-0001. The expedited delivery versions of the information requested SUNSI and SGI). Requirements for or courier mail address for both offices would not be sufficient to provide the access to SGI are primarily set forth in is: U.S. Nuclear Regulatory Commission, basis and specificity for a proffered 10 CFR parts 2 and 73. Nothing in this 11555 Rockville Pike, Rockville, contention; and Order is intended to conflict with the Maryland 20852. The email address for (4) If the request is for SGI, the SGI regulations. the Office of the Secretary and the identity of each individual who would B. Within 10 days after publication of Office of the General Counsel are have access to SGI if the request is this notice of hearing and opportunity to Hearing.Docket@nrc.gov and granted, including the identity of any petition for leave to intervene, any RidsOgcMailCenter.Resource@nrc.gov, expert, consultant, or assistant who will potential party who believes access to respectively.1 The request must include aid the requestor in evaluating the SGI.

SUNSI or SGI is necessary to respond to the following information: In addition, the request must contain jbell on DSKJLSW7X2PROD with NOTICES this notice may request access to SUNSI the following information:

or SGI. A potential party is any 1 While a request for hearing or petition to (a) A statement that explains each person who intends to participate as a intervene in this proceeding must comply with the individuals need to know the SGI, as filing requirements of the NRCs E-Filing Rule, party by demonstrating standing and the initial request to access SUNSI and/or SGI required by 10 CFR 73.2 and 10 CFR filing an admissible contention under 10 under these procedures should be submitted as 73.22(b)(1). Consistent with the CFR 2.309. Requests for access to SUNSI described in this paragraph. definition of need to know as stated VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

35548 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices in 10 CFR 73.2, the statement must Investigation identification and criminal (2) The requestor has established a explain: history records check. legitimate need for access to SUNSI or (i) Specifically why the requestor (d) A check or money order payable need to know the SGI requested.

believes that the information is in the amount of $326.00 4 to the U.S. F. For requests for access to SUNSI, if necessary to enable the requestor to Nuclear Regulatory Commission for the NRC staff determines that the proffer and/or adjudicate a specific each individual for whom the request requestor satisfies both E.(1) and E.(2),

contention in this proceeding; 2 and for access has been submitted. the NRC staff will notify the requestor (ii) The technical competence (e) If the requestor or any in writing that access to SUNSI has been (demonstrable knowledge, skill, training individual(s) who will have access to granted. The written notification will or education) of the requestor to SGI believes they belong to one or more contain instructions on how the effectively utilize the requested SGI to of the categories of individuals that are requestor may obtain copies of the provide the basis and specificity for a exempt from the criminal history requested documents, and any other proffered contention. The technical records check and background check conditions that may apply to access to competence of a potential party or its requirements in 10 CFR 73.59, the those documents. These conditions may counsel may be shown by reliance on a requestor should also provide a include, but are not limited to, the qualified expert, consultant, or assistant statement identifying which exemption signing of a Non-Disclosure Agreement who satisfies these criteria. the requestor is invoking and explaining or Affidavit, or Protective Order setting (b) A completed Form SF-85, forth terms and conditions to prevent the requestors basis for believing that Questionnaire for Non-Sensitive the unauthorized or inadvertent the exemption applies. While Positions, for each individual who disclosure of SUNSI by each individual processing the request, the Office of would have access to SGI. The who will be granted access to SUNSI.5 Administration, Personnel Security completed Form SF-85 will be used by G. For requests for access to SGI, if the Branch, will make a final determination the Office of Administration to conduct NRC staff determines that the requestor whether the claimed exemption applies.

the background check required for has satisfied both E.(1) and E.(2), the Alternatively, the requestor may contact access to SGI, as required by 10 CFR Office of Administration will then part 2, subpart C, and 10 CFR the Office of Administration for an evaluation of their exemption status determine, based upon completion of 73.22(b)(2), to determine the requestors the background check, whether the trustworthiness and reliability. For prior to submitting their request.

Persons who are exempt from the proposed recipient is trustworthy and security reasons, Form SF-85 can only reliable, as required for access to SGI by be submitted electronically through the background check are not required to complete the SF-85 or Form FD-258; 10 CFR 73.22(b). If the Office of Electronic Questionnaires for Administration determines that the Investigations Processing (e-QIP) however, all other requirements for access to SGI, including the need to individual or individuals are website, a secure website that is owned trustworthy and reliable, the NRC will and operated by the Defense know, are still applicable.

Note: Copies of documents and promptly notify the requestor in writing.

Counterintelligence and Security The notification will provide the names Agency (DCSA). To obtain online access materials required by paragraphs C.(4)(b), (c), and (d) of this Order must of approved individuals as well as the to the form, the requestor should contact conditions under which the SGI will be the NRCs Office of Administration at be sent to the following address: U.S.

Nuclear Regulatory Commission, Office provided. Those conditions may 301-415-3710.3 include, but are not limited to, the (c) A completed Form FD-258 of Administration, ATTN: Personnel Security Branch, Mail Stop: TWFN- signing of a Non-Disclosure Agreement (fingerprint card), signed in original ink, or Affidavit, or Protective Order 6 by and submitted in accordance with 10 07D04M, 11555 Rockville Pike, Rockville, MD 20852. each individual who will be granted CFR 73.57(d). Copies of Form FD-258 access to SGI.

will be provided in the background These documents and materials H. Release and Storage of SGI. Prior check request package supplied by the should not be included with the request to providing SGI to the requestor, the Office of Administration for each letter to the Office of the Secretary, but NRC staff will conduct (as necessary) an individual for whom a background the request letter should state that the inspection to confirm that the check is being requested. The forms and fees have been submitted as recipients information protection fingerprint card will be used to satisfy required.

system is sufficient to satisfy the the requirements of 10 CFR part 2, D. To avoid delays in processing requirements of 10 CFR 73.22.

subpart C, 10 CFR 73.22(b)(1), and requests for access to SGI, the requestor Alternatively, recipients may opt to Section 149 of the Atomic Energy Act of should review all submitted materials view SGI at an approved SGI storage 1954, as amended, which mandates that for completeness and accuracy location rather than establish their own all persons with access to SGI must be (including legibility) before submitting SGI protection program to meet SGI fingerprinted for a Federal Bureau of them to the NRC. The NRC will return protection requirements.

incomplete packages to the sender I. Filing of Contentions. Any 2 Broad SGI requests under these procedures are without processing. contentions in these proceedings that unlikely to meet the standard for need to know; E. Based on an evaluation of the furthermore, NRC staff redaction of information from requested documents before their release may information submitted under paragraphs 5 Any motion for Protective Order or draft Non-be appropriate to comport with this requirement. C.(3) or C.(4) above, as applicable, the Disclosure Affidavit or Agreement for SUNSI must These procedures do not authorize unrestricted NRC staff will determine within 10 days be filed with the presiding officer or the Chief disclosure or less scrutiny of a requestors need to Administrative Judge if the presiding officer has not know than ordinarily would be applied in of receipt of the request whether: yet been designated, within 30 days of the deadline (1) There is a reasonable basis to jbell on DSKJLSW7X2PROD with NOTICES connection with an already admitted contention or for the receipt of the written access request.

non-adjudicatory access to SGI. believe the petitioner is likely to 6 Any motion for Protective Order or draft Non-3 The requestor will be asked to provide his or her establish standing to participate in this Disclosure Agreement or Affidavit for SGI must be full name, social security number, date and place NRC proceeding; and filed with the presiding officer or the Chief of birth, telephone number, and email address. Administrative Judge if the presiding officer has not After providing this information, the requestor yet been designated, within 180 days of the usually should be able to obtain access to the online 4 This fee is subject to change pursuant to the deadline for the receipt of the written access form within one business day. DCSAs adjustable billing rates. request.

VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices 35549 are based upon the information received (3) The requestor may challenge the unavailable, another administrative as a result of the request made for NRC staffs adverse determination with judge, or an Administrative Law Judge SUNSI or SGI must be filed by the respect to access to SUNSI or with with jurisdiction pursuant to 10 CFR requestor no later than 25 days after respect to standing or need to know for 2.318(a); or (c) if another officer has receipt of (or access to) that information. SGI by filing a challenge within 5 days been designated to rule on information However, if more than 25 days remain of receipt of that determination with: (a) access issues, with that officer.

between the petitioners receipt of (or The presiding officer designated in this If challenges to the NRC staff access to) the information and the proceeding; (b) if no presiding officer determinations are filed, these deadline for filing all other contentions has been appointed, the Chief procedures give way to the normal (as established in the notice of hearing Administrative Judge, or if he or she is process for litigating disputes or opportunity for hearing), the unavailable, another administrative concerning access to information. The petitioner may file its SUNSI or SGI judge, or an Administrative Law Judge availability of interlocutory review by contentions by that later deadline. with jurisdiction pursuant to 10 CFR the Commission of orders ruling on J. Review of Denials of Access. 2.318(a); or (c) if another officer has such NRC staff determinations (whether (1) If the request for access to SUNSI been designated to rule on information granting or denying access) is governed or SGI is denied by the NRC staff either access issues, with that officer. by 10 CFR 2.311.7 (4) The requestor may challenge the after a determination on standing and L. The Commission expects that the Office of Administrations final adverse requisite need, or after a determination NRC staff and presiding officers (and determination with respect to on trustworthiness and reliability, the trustworthiness and reliability for access any other reviewing officers) will NRC staff shall immediately notify the to SGI by filing a request for review in consider and resolve requests for access requestor in writing, briefly stating the accordance with 10 CFR 2.336(f)(1)(iv). to SUNSI or SGI, and motions for reason or reasons for the denial. (5) Further appeals of decisions under protective orders, in a timely fashion in (2) Before the Office of this paragraph must be made pursuant order to minimize any unnecessary Administration makes a final adverse to 10 CFR 2.311. delays in identifying those petitioners determination regarding the K. Review of Grants of Access. A who have standing and who have trustworthiness and reliability of the party other than the requestor may propounded contentions meeting the proposed recipient(s) for access to SGI, challenge an NRC staff determination specificity and basis requirements in 10 the Office of Administration, in granting access to SUNSI whose release CFR part 2. The attachment to this accordance with 10 CFR 2.336(f)(1)(iii), would harm that partys interest Order summarizes the general target must provide the proposed recipient(s) independent of the proceeding. Such a schedule for processing and resolving any records that were considered in the challenge must be filed within 5 days of requests under these procedures.

trustworthiness and reliability the notification by the NRC staff of its It is so ordered.

determination, including those required grant of access and must be filed with:

to be provided under 10 CFR (a) The presiding officer designated in Dated: June 7, 2021.

73.57(e)(1), so that the proposed this proceeding; (b) if no presiding For the Nuclear Regulatory Commission.

recipient(s) have an opportunity to officer has been appointed, the Chief Annette L. Vietti-Cook, correct or explain the record. Administrative Judge, or if he or she is Secretary of the Commission.

ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0 ........................ Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests.

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; dem-onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-dacted documents), and readiness inspections.

25 ...................... If NRC staff finds no need, no need to know, or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs 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 jbell on DSKJLSW7X2PROD with NOTICES release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access.

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).

7 Requestors should note that the filing 46562; August 3, 2012) apply to appeals of NRC applicable), but not to the initial SUNSI/SGI request requirements of the NRCs E-Filing Rule (72 FR staff determinations (because they must be served submitted to the NRC staff under these procedures.

49139; August 28, 2007, as amended at 77 FR on a presiding officer or the Commission, as VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

35550 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDINGContinued Day Event/activity 40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.

205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv).

A ....................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-ing a final adverse determination by the NRC staff.

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-tioner may file its SUNSI or SGI contentions by that later deadline.

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.

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

>A + 60 ............. Decision on contention admission.

[FR Doc. 2021-12277 Filed 7-2-21; 8:45 am] ADDRESSES: Interested persons are electronic, mechanical, or other BILLING CODE 7590-01-P invited to submit written comments on technological collection techniques or the proposed information collection to other forms of information technology, the Merit System Accountability and e.g., permitting electronic submissions OFFICE OF PERSONNEL Compliance, Office of Personnel of responses.

MANAGEMENT Management, 1900 E Street NW, MSAC adjudicates classification Washington, DC 20415, Attention:

Submission for Review: Claim for Damon Ford or sent via electronic mail appeals, job-grading appeals, FLSA Unpaid Compensation for Deceased to damon.ford@opm.gov. Claims, compensation and leave Claims, Civilian Employee, SF 1153, 3206-0234 and declination of reasonable offer FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable appeals, as well as the settling of AGENCY: Office of Personnel disputed Claims for unpaid Management. supporting documentation, may be obtained by contacting the compensation due deceased Federal ACTION: 60-Day notice and request for employees. This adjudicative function comments. Compensation and Leave Claims Program, Office of Personnel provides Federal employees

SUMMARY

In accordance with the Management, 1900 E Street NW, administrative due process rights to Paperwork Reduction Act of 1995 as Washington, DC 20415, Attention: challenge compensation and related amended by the Clinger-Cohen Act, this Damon Ford or sent via electronic mail agency decisions without having to seek notice announces that the U.S. Office of to damon.ford@opm.gov or 202-606- redress in Federal courts. These Personnel Management (OPM) intends 2980. decisions are also a critical resource for to submit to the Office of Management SUPPLEMENTARY INFORMATION: The Office agency HR offices in making their own and Budget (OMB) a request for review of Management and Budget is classification, pay, and FLSA of an expiring information collection. particularly interested in comments determinations.

Standard Form 1153, Claim for Unpaid that:

Compensation for Deceased Civilian Analysis

1. Evaluate whether the proposed Employee, is used to collect information collection of information is necessary Agency: Merit System Accountability from individuals who have been for the proper performance of the and Compliance, Office of Personnel designated as beneficiaries of the functions of the agency, including Management.

unpaid compensation of a deceased whether the information will have Federal employee who believe that their

Title:

Standard Form 1153, Claim for practical utility; relationship to the deceased entitles 2. Evaluate the accuracy of the Unpaid Compensation of Deceased them to receive the unpaid agencys estimate of the burden of the Civilian Employee.

compensation of the deceased Federal proposed collection of information, OMB Number: 3260-0234.

employee. OPM needs this information including the validity of the in order to adjudicate the claim and Frequency: Annually.

methodology and assumptions used; properly assign a deceased Federal 3. Enhance the quality, utility, and Affected Public: Federal Employees jbell on DSKJLSW7X2PROD with NOTICES employees unpaid compensation to the clarity of the information to be and Retirees.

appropriate individual(s). collected; and Number of Respondents: 3,000.

DATES: Comments are encouraged and 4. Minimize the burden of the Estimated Time per Respondent: 15 will be accepted until September 7, collection of information on those who minutes.

2021. This process is conducted in are to respond, including through the accordance with 5 CFR 1320.1. use of appropriate automated, Total Burden Hours: 750 hours0.00868 days <br />0.208 hours <br />0.00124 weeks <br />2.85375e-4 months <br />.

VerDate Sep<11>2014 17:42 Jul 02, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1