ML23263B067

Confirmatory Order Modifying License - American Centrifuge Operating - Oak Ridge

ML23263B067
Person / Time
Site:	07007004
Issue date:	09/21/2023
From:	Laura Dudes Region 2 Administrator
To:	Cutlip L American Centrifuge Operating
References
EA-23-018
Download: ML23263B067 (21)

Text

EA-23-018 Larry B. Cutlip President American Centrifuge Operating, LLC 400 Centrifuge Way Oak Ridge, TN 37830

SUBJECT:

CONFIRMATORY ORDER MODIFYING LICENSE - AMERICAN CENTRIFUGE OPERATING - OAK RIDGE

Dear Larry B. Cutlip:

The enclosed Confirmatory Order is being issued to American Centrifuge Operating, LLC (ACO) as a result of a successful agreement reached during an Alternative Dispute Resolution (ADR) mediation session conducted on June 27, 2023. The enclosed commitments were made by ACO as part of a settlement agreement between ACO and the U.S. Nuclear Regulatory Commission (NRC). The settlement agreement concerns apparent violations of NRC requirements as described in the public cover letter of the NRC inspection report 07007004/2023401 dated March 30, 2023 (Agencywide Documents Access and Management System (ADAMS) ML23074A222).

Our letter also informed you that the apparent violations were being considered for escalated enforcement action in accordance with the NRC Enforcement Policy and provided you an opportunity to (1) respond to the apparent violations in writing; (2) request a predecisional enforcement conference (PEC); or (3) request ADR. In response to the letter, ACO requested ADR to resolve differences it had with the NRC concerning the apparent violations.

An ADR mediation session was held on June 27, 2023, during which a preliminary agreement was reached. The elements of the preliminary agreement were formulated and are incorporated in the enclosed Confirmatory Order (Enclosure 1). This Confirmatory Order confirms the commitments made as part of the preliminary settlement agreement. ACO consented to issuing this Confirmatory Order and has waived its right to a hearing (Enclosure 2).

In consideration of the commitments delineated within the Confirmatory Order, the NRC has agreed to not cite the violations and agreed to not propose a civil penalty for all matters discussed within the NRCs inspection report to ACO dated March 30, 2023.September 21, 2023 L. Cutlip 2 Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this order may also subject the person to civil monetary penalty.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390, of the NRC's Rules of Practice and Procedure, a copy of this letter and its enclosures will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The Confirmatory Order (Enclosure 1) will be published in the Federal Register. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/.

Sincerely, Laura A. Dudes Regional Administrator Region II Docket No. 07007004 License No. SNM-2011

Enclosures:

1. Confirmatory Order

2. Consent and Hearing Waiver Form cc w/enclosures: Distribution via LISTSERV Signed by Dudes, Laura on 09/21/23

ML23263B067(Cover letter)

Entire Report: X Non-Sensitive X Publicly Available X SUNSI Review Sensitive Non-Publicly Available Cover Letter Only: X Non-Sensitive X Publicly Available X SUNSI Review Sensitive Non-Publicly Available OFFICE RII: DFFI RII: DFFI RII: EICS RIII: ORA RII: ORA HQ: OGC NAME LPitts AMasters MKowal SLewman MMiller JMaltese (NLO)

DATE 8/10/2023 7/21/2023 8/15/2023 8/11/2023 9/6/2023 8/25/2023 OFFICE HQ: NSIR HQ: OE RII: ORA NAME CErlanger DPelton LDudes Date 8/22/2023 8/22/2023 9/21/2023

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of ) Docket Number 07007004

)

American Centrifuge Operating, LLC ) License Number SNM-2011

)

American Centrifuge Operating Oak Ridge ) EA-23-018

CONFIRMATORY ORDER MODIFYING LICENSE

I

American Centrifuge Operating, LLC (ACO or Licensee) is the holder of Materials

License No. SNM-2011 issued by the U.S. Nuclear Regulatory Commission (NRC or

Commission) pursuant to Part 95 of Title 10 of the Code of Federal Regulations (10 CFR).

The license authorizes the operation of the ACO facility in Piketon, Ohio (ACO-Piketon), the

ACO facility in Oak Ridge, Tennessee (ACO-OR), and the ACO headquarters facility in

Bethesda, Maryland, in accordance with conditions specified therein.

This Confirmatory Order (CO) is the result of an agreement reached during an

Alternative Dispute Resolution (ADR) mediation session conducted on June 27, 2023, in

Rockville, Maryland.

II

On March 30, 2023, the NRC issued Special Inspection Report (IR) 07007004/2023401

(Agencywide Documents Access and Management System (ADAMS) ML23074A222, public

cover letter) to ACO-OR which documented the identification of apparent violations that were Enclosure 1 being considered for escalated enforcement action in accordance with the NRC Enforcement

Policy. The apparent violations involved the licensees failure to meet regulatory requirements.

Details regarding the apparent violations contain security-related information and are therefore

documented in the non-public version of the Confirmatory Order.

By the same letter, dated March 30, 2023, the NRC notified ACO of the results of the

inspection with an opportunity to: (1) provide a response in writing, (2) attend a predecisional

enforcement conference or (3) participate in an ADR mediation session in an effort to resolve

these concerns.

In response to the NRCs letter of March 30, 2023, ACO requested the use of the NRCs

ADR process to resolve differences it had with the NRC. On June 27, 2023, the NRC and ACO

met in an ADR session mediated by a professional mediator arranged through the U.S.

Department of Energy. The ADR process is one in which a neutral mediator, with no decision-

making authority, assists the parties in reaching an agreement on resolving any differences

regarding the dispute. This Confirmatory Order is issued pursuant to the agreement reached

during the ADR process.

III

During the ADR session, ACO and the NRC reached a preliminary settlement

agreement. The elements of the agreement include the following:

1. ACO acknowledged that the violations occurred as documented in NRC IR number

07007004/2023401 (ADAMS Accession No. ML23074A222, public cover letter) issued on

March 30, 2023, and as described in Section II of this Order.

2. In recognition of the prompt and comprehensive corrective actions taken in response to the

apparent violations, as documented in this CO, discussed at the ADR, and documented in

IR 07007004/2023401 issued on March 30, 2023, ACO is not required to provide a written

response in accordance with 10 CFR 2.201. The licensee initiated a root cause analysis

investigation and established additional corrective actions based on results from that

investigation. Corrective actions and enhancements completed by ACO contain security-

related information and are therefore contained in the non-public version of the Confirmatory

Order.

3. For the purposes of this agreement, portions of the Confirmatory Order, as designated

herein, will apply to ACO Oak Ridge (Oak Ridge), ACO-Piketon (Piketon), or both.

4. Based on ACOs review of the incident and NRCs concerns with respect to precluding

recurrence of the violations, ACO agrees to implement corrective actions and

enhancements that contain security-related information and are therefore documented in the

non-public version of the Confirmatory Order.

Within 15 months from the date of the Confirmatory Order, ACO will submit to the NRC

for approval a revision to the Oak Ridge and Piketon Standard Practice Procedure Plans

to reflect the commitments which include marking requirements, searching requirements,

training, and root cause evaluation criteria. Details regarding the commitments contain

security-related information and are in the described in the non-public version of the

Confirmatory Order.

5. Upon implementation of all the actions required of ACO in the Confirmatory Order, ACO will

notify the NRC Region II Regional Administrator.

6. The NRC considers the corrective actions discussed above to be appropriately prompt and

comprehensive to address the causes which resulted in the incidents discussed in the

NRCs IR dated March 30, 2023.

7. In consideration of the commitments delineated above, the NRC agrees not to cite the

violations and agrees not to propose a civil penalty for all matters discussed in the NRCs IR

dated March 30, 2023.

8. The NRC agrees that the Confirmatory Order will not count as escalated enforcement in the

civil penalty assessment process for future enforcement cases involving ACO.

9. The Regional Administrator, NRC Region II, may relax or rescind, in writing, any of the

above conditions of the Confirmatory Order upon a showing by ACO of good cause.

10.The NRC and ACO agree that the above elements will be incorporated into issuance of a

Confirmatory Order, with a Waiver of Hearing Rights.

11.This agreement is binding upon successors and assigns of ACO.

Based on the completed actions described above, and the commitments described in

Section V below, the NRC agrees to not pursue any further enforcement action based on the

apparent violations identified in the NRCs March 30, 2023, letter and the Order will not count as

escalated enforcement in the civil penalty assessment process for future enforcement cases

involving ACO.

On September 12, 2023, ACO consented to issuing this Confirmatory Order with the

commitments, as described in Section V below. ACO further agreed that this Confirmatory

Order is to be effective upon issuance, the agreement memorialized in this Confirmatory Order

settles the matter between the parties, and that ACO has waived its right to a hearing.

IV

I find that ACOs actions completed and planned, as described in Section III above,

combined with the commitments as set forth in Section V are acceptable and necessary, and

conclude that with these commitments the public health and safety are reasonably assured. In

view of the foregoing, I have determined that public health and safety require that ACOs

commitments be confirmed by this Confirmatory Order. Based on the above and ACOs

consent, this Confirmatory Order is effective upon issuance.

V

Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 187 of the Atomic

Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10

CFR Part 95, IT IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE, THAT ACO License

No. SNM-2011 IS MODIFIED AS FOLLOWS:

Within 15 months from the date of the Confirmatory Order, ACO will submit to the NRC

for approval a revision to the Oak Ridge and Piketon Standard Practice Procedure Plans to

reflect the commitments which include marking requirements, searching requirements, training,

and root cause evaluation criteria. Details regarding the commitments contain security-related

information and are in the described in the non-public version of the Confirmatory Order.

This agreement is binding upon successors and assigns of ACO. The Regional

Administrator, Region II, may, in writing, relax or rescind any of the above conditions upon

demonstration by ACO or its successors of good cause.

VI

Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for

Contention Preparation:

A. This Confirmatory Order contains instructions regarding how potential parties to this

proceeding may request access to documents containing SUNSI.

B. Within 10 days after publication of this notice of hearing and opportunity to petition for

leave to intervene, any potential party who believes access to SUNSI is necessary to

respond to this notice may request such access. A "potential party" is 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 later than 10

days after publication of this notice will not be considered absent a showing of good cause

for the late filing, addressing why the request could not have been filed earlier.

C. The requester shall submit a letter requesting permission to access SUNSI to the Office of

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

Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate

General Counsel for Hearings, Enforcement and Administration, Office of the General

Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for

both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,

Maryland 20852. The e-mail addresses for the Office of the Secretary and the Office of the

General Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,

respectively1. The request must include the following information:

1. A description of the licensing action with a citation to this Federal Register notice;

2. The name and address of the potential party and a description of the potential party's

particularized interest that could be harmed by the action identified in C.(1); and

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

3. The identity of the individual or entity requesting access to SUNSI and the

requester's basis for the need for the information in order to meaningfully participate

in this adjudicatory proceeding. In particular, the request must explain why publicly

available versions of the information requested would not be sufficient to provide the

basis and specificity for a proffered contention.

D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff

will determine within 10 days of receipt of the request whether:

1. There is a reasonable basis to believe the petitioner is likely to establish standing to

participate in this NRC proceeding; and

2. The requester has established a legitimate need for access to SUNSI.

E. If the NRC staff determines that the requester satisfies both D.(1) and D.(2) above, the

NRC staff will notify the requestor in writing that access to SUNSI has been granted. The

written notification will contain instructions on how the requestor may obtain copies of the

requested documents, and any other conditions that may apply to access to those

documents. These conditions may include, but are not limited to, the signing of a Non-

Disclosure Agreement or Affidavit, or Protective Order2 setting forth terms and conditions

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.

to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will

be granted access to SUNSI.

F. Filing of Contentions. Any contentions in these proceedings that are based upon the

information received as a result of the request made for SUNSI must be filed by the

requestor no later than 25 days after the requestor is granted access to that information.

However, if more than 25 days remain between the date the petitioner is granted access to

the information and the deadline for filing all other contentions (as established in the notice

of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that

later deadline. This provision does not extend the time for filing a request for a hearing and

petition to intervene, which must comply with the requirements of 10 CFR 2.309.

G. Review of Denials of Access.

1. If the request for access to SUNSI is denied by the NRC staff after a determination

on standing and need for access, the NRC staff shall immediately notify the

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

2. The requester may challenge the NRC staffs adverse determination by filing a

challenge within 5 days of receipt of that determination with: (a) the presiding officer

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

Chief Administrative Judge, or if he or she is unavailable, another administrative

judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a);

or (c) officer if that officer has been designated to rule on information access issues.

H. Review of Grants of Access. A party other than the requester may challenge an NRC staff

determination granting access to SUNSI whose release would harm that party's interest

independent of the proceeding. Such a challenge must be filed with the Chief

Administrative Judge within 5 days of the notification by the NRC staff of its grant of

access.

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

normal process for litigating disputes concerning access to information. The availability of

interlocutory review by the Commission of orders ruling on such NRC staff determinations

(whether granting or denying access) is governed by 10 CFR 2.311. 3

The Commission expects that the NRC staff and presiding officers (and any other

reviewing officers) will consider and resolve requests for access to SUNSI, and motions for

protective orders, in a timely fashion in order to minimize any unnecessary delays in

identifying those petitioners who have standing and who have propounded contentions

meeting the specificity and basis requirements in 10 CFR Part 2. Attachment 2 to this

Order summarizes the general target schedule for processing and resolving requests

under these procedures.

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

VII

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by

this Confirmatory Order, other than ACO, may request a hearing within thirty (30) calendar days

of the date of issuance of this Confirmatory Order. Where good cause is shown, consideration

will be given to extending the time to request a hearing. A request for extension of time must be

made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, and include a statement of good cause for the extension.

All documents filed in NRC adjudicatory proceedings, including a request for hearing, a

petition for leave to intervene, any motion or other document filed in the proceeding prior to the

submission of a request for hearing or petition to intervene (hereinafter petition), and

documents filed by interested governmental entities participating under 10 CFR 2.315(c), must

be filed in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007, as amended

at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve

all adjudicatory documents over the internet, or in some cases to mail copies on electronic

storage media. Participants may not submit paper copies of their filings unless they seek an

exemption in accordance with the procedures described below.

All documents filed in NRC adjudicatory proceedings, including documents filed by an

interested State, local governmental body, Federally recognized 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 requires 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 NRC (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 least 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 Secretary that the participant will be submitting a petition or other adjudicatory

document (even in instances in which the participant, or its counsel or representative, already

holds 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 established an

electronic docket.

Information about applying for a digital ID certificate is available on the NRCs public

website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID

certificate is obtained and a docket created, the participant must submit adjudicatory documents

in Portable Document Format. Guidance on submissions is available on the NRCs public

website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered

complete at the time the document 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. Upon 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 they wish to

participate in the proceeding, so that the filer need not serve the document on those participants

separately. Therefore, applicants and other participants (or their 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.

A person filing electronically using 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 available between 9 a.m. and 6 p.m., ET, Monday through Friday, except Federal

holidays.

Participants who believe that they have good cause for not submitting documents

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

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

authorization to continue to submit documents in paper format. Such filings must be submitted

in accordance with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this

manner are responsible for serving 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 2.302(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 available documents in a particular hearing docket. Participants are

requested not to include 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 for limited

excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use

application, participants should not include copyrighted materials in their submission.

The Commission will issue a notice or order granting or denying a hearing request or

intervention petition, designating the issues for any hearing that will be held and designating the

Presiding Officer. A notice granting a hearing will be published in the Federal Register and

served on the parties to the hearing.

If a person (other than ACO) requests a hearing, that person shall set forth with

particularity the manner in which his interest is adversely affected by this Confirmatory Order

and shall address the criteria set forth in 10 CFR. 2.309(d) and (f).

If a hearing is requested by a person whose interest is adversely affected, the

Commission will issue an order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order

should be sustained.

In the absence of any request for hearing, or written approval of an extension of time in

which to request a hearing, the provisions specified in Section V above shall be final 30 days

from the date of this Confirmatory Order without further order or proceedings. If an extension of

time for requesting a hearing has been approved, the provisions specified in Section V shall be

final when the extension expires if a hearing request has not been received.

For the Nuclear Regulatory Commission

Regional Administrator NRC Region II

Dated this 21st day of September 2023

Attachments: As stated ALL FACILITIES OWNED AND OPERATED BY AMERICAN CENTRIFUGE OPERATING, LLC

1) American Centrifuge Operating, LLC

Larry Cutlip President 400 Centrifuge Way Oak Ridge, TN 37830

2) American Centrifuge Operating, LLC - Piketon (ACO-Piketon)

Docket No.: 07007004 License No.: SNM-2011

Mathew Snider Enrichment Operations Plant Manager/Operations Manager 3930 U.S. Route 23 South P.O. Box 628 Mail Stop 7560 Piketon, Ohio 45661

3) American Centrifuge Operating, LLC - Oak Ridge (ACO-OR)

Docket No.: 07007004 License No.: SNM-2011

Mark McClure Site Director 400 Centrifuge Way Oak Ridge, TN 37830

Attachment 1 General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in this Proceeding

Day Event/Activity

0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.

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

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

20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the status determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).

25 If NRC staff finds no "need" or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC starts denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds "need" for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC 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 applicant/licensee to file Non-Disclosure Agreement for SUNSI.

Attachment 2 Day Event/Activity

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

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

A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.

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

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

>A + 60 Decision on contention admission.

Attachment 2