ML22173A105
| ML22173A105 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 06/23/2022 |
| From: | Bavol R NRC/SECY |
| To: | |
| Amy Snyder, 301-415-6822 | |
| References | |
| FR Citation: 87 FR 38429-38435; 06-28-22 | |
| Download: ML22173A105 (22) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0320; NRC-2022-0131]
TMI-2 Solutions, LLC
Three Mile Island Station, Unit No. 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a hearing, and
to petition for leave to intervene; order imposing procedures.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is considering iss uance
of an amendment to Possession Only License (POL) No. DPR-73, is sued to TMI-2
Solutions, LLC (TMI-2 Solutions) for Three Mile Island Station, Unit No. 2 (TMI-2). The
NRC received and is considering approval of one amendment reque st. Pursuant to
NRC regulations, TMI-2 Solutions proposes an amendment to the P OL for TMl-2. This
proposed license amendment request, upon approval, would revise the POL to replace
the reference to site physical security, guard training and qua lification, and safeguards
contingency plans maintained by Unit 1 with a TMI-2 Site Securi ty plan compliant with
NRC regulations. For this amendment request, the NRC proposes to determine that it
involves no significant hazards consideration (NSHC). Because the amendment request
contains sensitive unclassified non-safeguards information (SUN SI), 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: Submit comments by [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will
be considered if it is practical to do so, but the NRC is able to ensure consideration only
for comments received on or before this date. Requests for a h earing or petition for leave to intervene must be filed by [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. 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 do cument access by
[INSERT DATE 10 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: You may submit comments by any of the following methods; howe ver,
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-2022-0131. 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: Amy Snyder, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Wash ington, DC
20555-0001, telephone: 301 415-6822, email: Amy.Snyder@nrc.go v.
2 SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0131, 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
search for Docket ID NRC-2022-0131.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAM S Public
Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. 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. For the con venience of the
reader, instructions about obtaining materials referenced in th is document are provided
in the Availability of Documents section.
- 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.
3 B. Submitting Comments
The NRC encourages electronic comment submission through the Federal
rulemaking website (https://www.regulations.gov). Please include Docket ID
NRC-2022-0131, facility name, unit number(s), docket number(s), application date, 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.
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. Introduction
The NRC is considering issuance of an amendment to POL No. DPR-73, issued
to TMI-2 Solutions for TMI-2 located in Dauphin County, Pennsyl vania.
By letter dated May 13, 2021, as supplemented on September 21, 2021, and on
March 31, April 28, May 3 (non-public), May 9 (non-public), and May 10, 2022, TMI-2
Solutions submitted a license application request seeking NRC r eview and approval of
modification to License Condition 2.C.(2) for the TMI-2 license in support of the
TMI-Station Independent Spent Fuel Installation Only Physical S ecurity Plan. In the
March 31 supplement, TMI-2 Solutions stated that TMI-2 Solution s will develop a
4 Security Plan document (its own plan), instead of the site phys ical security, guard
training and qualification, and safeguards contingency plans ma intained by Unit 1.
Before issuance of the proposed license amendment, the NRC will need to make
the findings required by the Atomic Energy Act of 1954, as amen ded (the Act), and
NRC's regulations.
The NRC has made a proposed determination that the license amen dment
request involves NSHC. Under the NRC's regulations in 10 CFR 5 0.92 Issuance of
amendment, this means that operat ion 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 eval uated; or (3) involve a
significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee
provided an analysis of the issue of NSHC. The staff reviewed this analysis and
provided its preliminary evaluation of it below:
- 1. Does the proposed amendment involve a significant increase in the probability
or consequences of an accident previously evaluated?
Response: No.
The proposed change would revise the TMl-2 POL by revising TMl-2 License
Condition 2.C.(2), Physical Protection, to refer to a security plan specific to TMI-2 that is
compliant with 10 CFR part 37 "Physical protection of category 1 and category 2
quantities of radioactive material" to implement the requiremen ts for 10 CFR 73.67 and
part 37 material. During post-defueling monitored storage (PDM S), the activities
occurring at the site and the form of the radiological material present have low safety
and security risk profiles, and as such, a significant increase in the probability or
5 consequences of an accident previously evaluated would not be c reated by the
proposed amendment.
TMl-2 plans to transition from PDMS into DECON following the cu rrent planning
phase and provided this amendment request is approved, and duri ng this phase risks
would be further reduced. DECON is one of three decommissioning methods defined by
NRC. Once TMl-2 has entered DECON, special nuclear material (S NM) will be retrieved
and aggregated to be placed into dry cask storage using various shapes and sizes of
containers to place into a basket and canister. To minimize ag gregating the remaining
SNM, the core debris will be generally packaged and loaded as i t is retrieved. These
canisters will then be transferred to an expanded Independent S pent Fuel Storage
Installation (ISFSI) inside the Three Mile Island Station, Unit No. 1, ISFSI fence to store
the canisters after Three Mile Island, Unit 1 (TMl-1) completes their spent fuel transfer
campaign to the ISFSI. On-site transfers will utilize storage systems fundamentally
similar to those in use by TMl-1 for Spent Fuel (NAC MAGNASTOR). These storage
system designs will have been certified by the NRC for such use because they satisfy
applicable requirements for safety and security. Using these c ertified storage systems
will assure there are no increases in accident probability or c onsequences involved with
the proposed amendment.
- 2. Does the proposed amendment create the possibility of a new or different kind
of accident from any accident previously evaluated?
Response: No.
The proposed change would revise the TMl-2 POL by revising TMl-2 License
Condition 2.C.(2), Physical Protection, and would not create th e possibility of a new or
different kind of accident from that previously evaluated. Whe n TMl-2 is in the PDMS
condition no major decommissioning activities will occur, and t here will no longer be any
6 equipment or facilities that need to be protected because there are no designated Target
Sets for TMI-2. Based on the above, the NRC preliminarily conc ludes that during PDMS
the proposed amendment would not create the possibility of a ne w or different kind of
accident from any accident previously evaluated.
TMl-2 plans to transition from PDMS into DECON following the cu rrent planning
phase and provided this amendment request is approved. Once TM l-2 has entered
DECON, SNM will be retrieved and aggregated to be placed into d ry cask storage using
various shapes and sizes of containers to place into a basket a nd canister. To minimize
aggregating the remaining SNM, the core debris will be generall y packaged and loaded
as it is retrieved. These canisters will then be transferred t o an expanded ISFSI inside
the TMl-1 ISFSI fence to store the canisters after TMl-1 comple tes their spent fuel
transfer campaign to the ISFSI. On-site transfers will utilize storage systems
fundamentally similar to those in use by TMl-1 for Spent Fuel ( NAC MAGNASTOR).
These storage system designs will have been certified by the NR C for such use because
they satisfy applicable requirements for safety and security. This certification assures
that no new or different kind of accidents from any accident pr eviously evaluated will be
created as a consequence of the proposed amendment.
- 3. Does the proposed amendment involve a significant reduction in a margin of
safety?
Response: No.
The proposed change would revise the TMl-2 POL by revising TMl-2 License
Condition 2.C.(2), Physical Protection. This change would not involve a significant
reduction in a margin of safety for the following reasons. Whi le TMl-2 is in the PDMS, no
major decommissioning activities will occur. As stated by NRC in a previous letter dated
April 2, 2013, for an exemption from certain security requireme nts of 10 CFR part 73.55,
7 the NRC determined that the remaining radioactive material is i n a form that does not
pose a risk of removal and is well dispersed and is not easily aggregated; the potential
for radiological sabotage or diversion of SNM at the 10 CFR par t 50 licensed site was
eliminated; there is no longer any equipment or facilities that need to be protected; and
there are no designated Target Sets for TMI Unit 2. Thus, duri ng PDMS, as the potential
for radiological sabotage has been eliminated, the requested am endment would not
result in a reduction in the margin of safety.
During DECON, to minimize aggregating the remaining SNM, the co re debris will
be generally packaged and loaded as it is retrieved. SNM will n ot be aggregated any
more than is necessary to load a canister. These canisters wil l then be transferred to an
expanded ISFSI inside the TMl-1 ISFSI fence to store the canist ers after TMl-1
completes their spent fuel transfer campaign to the ISFSI. Thi s campaign is scheduled
to be completed in the Summer of 2022. Also, on-site transfers will use storage systems
fundamentally similar to those in use by TMl-1 for Spent Fuel ( NAC MAGNASTOR).
These storage system designs will have been certified by the NR C for such use because
they satisfy applicable requirements for safety and security. This certification assures
that a significant reduction in a margin of safety would not be involved as a consequence
of the proposed amendment.
Based on the staffs review, it appears that the three standard s of
10 CFR 50.92(c) are satisfied. Therefore, the NRC staff propos es to determine that the
license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determinati on that the
license amendment request involves NSHC. Any comments received within 30 days
after the date of publication of this notice will be considered in making any final
determination.
8 Normally, the Commission will not issue the amendment until the expiration of
60 days after the date of publication of this notice. The Comm ission may issue the
license amendment before expiration of the 60-day notice period if the Commission
concludes the amendment involves NSHC. In addition, the Commis sion may issue the
amendment prior to the expiration of the 30-day comment period if circumstances
change during the 30-day comment period such that failure to ac t in a timely way would
result, for example, in derating or shutdown of the facility. If the Commission takes
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. If the Commission makes a final
NSHC determination, any hearing will take place after issuance. The Commission
expects that the need to take this action will occur very infre quently.
III. Opportunity To Request a Hearing and Petition for Leave t o Intervene
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
public website at https://www.nrc.gov/reading-rm/doc-collection s/cfr. If a petition is filed,
the 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;
9 (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
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
10 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
accordance with the filing instructions in the Electronic Subm issions (E-Filing) section
of this document and should meet the requirements for petitions 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.
11 Alternatively, a State, local governmental body, Federally recognized 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.
IV. Electronic Submissions and 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 permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions
is located in the Guidance for Electronic Submissions to the N RC (ADAMS Accession
No. ML13031A056) and on the NRCs public 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
12 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. U pon receipt of a
transmission, the E-Filing system time-stamps the document and sends 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
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 certificate before adjudicatory
documents are filed to obtain access to the documents via the E -Filing system.
13 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 toll-free call at
1-866-672-7640. The NRC Electronic Filing Help Desk is availab le between 9:00 a.m.
and 6:00 p.m., ET, Monday through Friday, except Federal holida ys.
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, clic k 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
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
14 serve the purpose of the adjudicatory filings and would constit ute a Fair Use application,
participants should not include copyrighted materials in their submission.
V. Availability of Documents
The documents identified in the following table are available t o interested
persons through ADAMS.
DOCUMENT ADAMS ACCESSION NO.
Three Mile Island, Unit 2 License ML21144A262 (non-public, withheld Amendment Request - Delete License pursuant to 10 CFR 2.390)
Condition 2.C.(2) Physical Protection, dated May 13, 2021 Three Mile Island, Unit 2 - License ML21267A505 Amendment Request - Revised License Condition 2.C.(2) Physical Protection -
Supplemental Information, dated September 21, 2021 Three Mile Island Unit 2 - Physical Security ML22102A304 (Package)
Plan Response to March18 Supplemental Information Request, dated March 31, 2022 Three Mile Island 2 - Security Plan Proposed ML22125A013 Revision License Condition 2.C.(2) (EPID:
L-2021-LLA-0103) Proposed License Condition - partial response, dated April 28, 2022 Three Mile Island Nuclear Station, Unit 2 ML22138A281(non-public, withheld (TMl-2) - Supplemental Letter to Three Mile pursuant to 10 CFR 2.390)
Island Nuclear Station, Unit 2 (TMl-2) -
License Amendment Request - Delete License Condition 2.C.(2) Physical Protection, dated May 9, 2022 Three Mile Island, Unit 2 - E-mail from T. ML22131A138 Devik, EnergySolutions TMI-2, to A. Snyder, NRC, Physical Security Plan May 9 Submittal Typo Correction, dated May 10, 2022 NRC Letter from L. Camper (NRC) to J. Lash ML112351129 (FirstEnergy Corporation), "Three Mile Island Nuclear Power Station Unit 2 - Issuance of Exemption from Certain Security Requirements of 10 CFR part 73.55 (TAC NO. J00391)," dated April 2, 2013
15 Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards
Information for Contention Preparation
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 o r opportunity for
hearing, any potential party who believes access to SUNSI is ne cessary to respond to
this notice may request access to SUNSI. A potential party i s any person who intends
to participate as a party by demonstrating standing and filing an admissible contention
under 10 CFR 2.309. Requests for access to SUNSI submitted lat er than 10 days after
publication of this notice will not be considered absent a show ing of good cause for the
late filing, addressing why the request could not have been fil ed 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 Adjudicat ions Staff, and
provide a copy to the Deputy General Counsel for Licensing, Hea rings, and
Enforcement, Office of the General Counsel, U.S. Nuclear Regula tory Commission,
Washington, DC 20555-0001. The expedited delivery or courier m ail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secre tary 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 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
16 (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,
the NRC staff will determine within 10 days of receipt of the r equest 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
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
should be submitted as described in this paragraph.
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.
17 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 this individual is unavailabl e, another administrative
judge, or an Administrative Law Judge with jurisdiction pursuan t to 10 CFR 2.318(a); or
(c) if another officer has been designated to rule on informati on access 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
18 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 this indi vidual 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
10 CFR part 2. The attachment to this Order summarizes the gen eral target schedule
for processing and resolving requests under these procedures.
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, 78 FR 34247, June 7, 2013) 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.
Dated: June 23, 2022.
For the Nuclear Regulatory Commission.
/RA/
Rochelle C. Bavol, Acting Secretary of the Commission.
20 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 or opportunity for hearing, including order with instructions for access requests.
10 Deadline for submitting requests for access to Sensitive Unc lassified Non-Safeguards Information (SUNSI) with information: supporting the 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 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 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 Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavi t for SUNSI.
A If access granted: issuance of presiding officer or other des ignated officer decision on motion for protective order for access to sensitive information
21 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 Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protecti ve order.
A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between t he petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI con tentions 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.
22