ML24269A208
| ML24269A208 | |
| Person / Time | |
|---|---|
| Site: | 07003103 |
| Issue date: | 10/03/2024 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| References | |
| NRC-2024-0176, 89 FR 81584 | |
| Download: ML24269A208 (19) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103; NRC-2024-0176]
Louisiana Energy Services, LLC, dba Urenco USA;
National Enrichment Facility;
License Amendment Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to request a hearing and to petition for leave to intervene; order
imposing procedures.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) staff accepted and
docketed an application for the amendment of Special Nuclear Materials License No.
SNM-2010, submitted by Louisiana Energy Services, LLC, dba Urenco USA dated
November 30, 2023. The amended license would authorize the applicant to modify the
National Enrichment Facility, located in Eunice, New Mexico, to increase enrichment
from 5.5 weight percent Uranium-235 (U-235) to less than 10 weight percent U-235.
Because this amendment request contains Sensitive Unclassified Non-Safeguards
Information (SUNSI), an order imposes procedures to obtain access to SUNSI and
Safeguards Information (SGI) for contention preparation.
DATES: Requests for a hearing or petition for leave to intervene must be filed by
December 7, 2024. 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 and/or SGI is necessary
to respond to this notice must request document access by October 18, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0176 when contacting the NRC
about the availability of information regar ding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024-0176. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resour ce@nrc.gov. The license amendment request
is available in ADAMS under Accession No. ML23334A122.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appointment 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 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jonathan Rowley, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-4053; email: Jonathan.Rowley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has received, by letter dated No vember 30, 2023, an application from
Louisiana Energy Services, LLC, dba Urenco USA, to amend materials license SNM-
2010 at the National Enrichment Facility, located five miles east of Eunice, New Mexico.
2 The National Enrichment Facility is a gas centrifuge uranium enrichment facility
authorized to possess, use, and store special nuclear material (SNM), source material,
and byproduct material. This amendment request proposes an increase of the
enrichment limit in SNM-2010 license from 5. 5 weight percent Uranium 235 (U-235) to
less than 10 weight percent U-235, which Urenco USA calls Low Enriched Uranium Plus
(LEU+). The scope of the request is limited to the systems, structures, and components
necessary for the production, handling, and storage of the LEU+ at the Urenco USA site.
As documented in an administrative completeness review, dated March 1, 2024,
NRC found the application, as supplemented, a cceptable for a technical review. During
the technical review, the NRC will review the application, as supplemented, in areas that
include, but are not limited to, radiation safety, chemical safety, fire safety, security,
environmental protection, and material control/accountability. Prior to reaching a
decision on the request to amend SNM-2010, the NRC will need to conduct a review and
make a determination in accordance with the Atomic Energy Act of 1954, as amended
(the Act), and the NRCs regulations. The NRCs findings will be documented in a safety
evaluation report.
II. Availability of Documents
The documents identified in the following table are available to interested
persons through ADAMS.
DOCUMENT DESCRIPTION ADAMS ACCESSION NO.
Louisiana Energy Services, LLC, dba Urenco ML23334A122 USA, License Amendment Request for Changes to License Conditions and Raise Enrichment Limit to Less Than 1 O Weight Percent for LEU+ Production Systems (LAR-23-02), dated November 30, 2023.
Enclosure 1 - Louisiana Energy Services, ML23334A123 LLC, Affidavit, dated November 30, 2023.
Enclosure 2 - Description of Proposed ML23334A124 (non-public, withheld
3 Changes and Appendix A. pursuant to 10 CFR 2.390) - Safety Analysis Report ML23334A125 Markups. - Integrated Safety Assessment ML23334A126 (non-public, withheld Markups. pursuant to 10 CFR 2.390) - Integrated Safety Assessment ML23334A127 (non-public, withheld Changes Incorporated. pursuant to 10 CFR 2.390) - Fundamental Nuclear Material ML23334A128 (non-public, withheld Control Program Markups. pursuant to 10 CFR 2.390) - Emergency Plan Markups ML23334A129 (non-public, withheld pursuant to 10 CFR 2.390) - Environmental Information ML23334A130 Acceptance for review of UUSA License ML24052A385 Amendment Request for Changes to License Conditions and Raise Enrichment Limit to Less than 10 Weight percent for LEU+
Production Systems, dated March 1, 2024.
Letter and Enclosure 1: Request for Additional ML24187A155 Information Regarding LES License Amendment Request for Changes to License Conditions and Raise Enrichment Limit for LEU+ and Urenco USA Responses, dated July 12, 2024. : Request for Additional ML24193A241 (non-public, withheld Information Regarding LES License pursuant to 10 CFR 2.390)
Amendment Request 23 Changes To License Conditions and Raise Enrichment Limit to Less than 10 Weight Percent for Low Enriched Uranium Plus Production Systems, dated July 12, 2024.
Cover Letter - Responses to Requests for ML24214A300 Additional Information, dated August 1, 2024 : UUSA Response to MC&A RAIs, ML24214A301 (non-public, withheld dated August 1, 2024. pursuant to 10 CFR 2.390) : UUSA Responses to Human ML24214A302 Factors Engineering and Environmental RAIs, dated August 1, 2024.
Cover Letter - Request for Additional ML24248A189 Information Regarding Louisiana Energy Services, LLC License Amendment Request 23 Changes to License Conditions and Raise Enrichment Limit to less than 10 Weight Percent for LEU+ Production Systems (Part 2), dated September 16, 2024. - Request for Additional ML24248A190 (non-public, withheld Information for the Integrated Safety Analysis pursuant to 10 CFR 2.390)
Louisiana Energy Services, LLC, dated September 16, 2024.
4 Enclosure 2 - Request for Additional ML24248A191 (non-public, withheld Information Louisiana Energy Services, LLC pursuant to 10 CFR 2.390) dba Urenco USA License Amendment Request Nuclear Criticality Safety, dated September 16, 2024,
III. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 60 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by this action may file a request for a hearing and
petition for leave to intervene (petition) with re spect to the action. Petitions shall be filed
in accordance with the Commissions Agency Rules of Practice and Procedure in
10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the
presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than 60 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E-Filing)
section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a
determination by the presiding officer t hat the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local go vernmental body, Federally recognized Indian
Tribe, or designated agency thereof may participate as a non-party under
5 For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSear ch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRC public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
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 S ubmissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public websit e 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 represent ative, already holds an NRC-issued digital ID
6 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-hel p/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 http s://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-sta mps 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.
7 Participants who believe that they hav e 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 re sponsible 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 previ ously described, click cancel when the link
requests certificates and you will be autom atically directed to the NRCs electronic
hearing docket where you will be able to acce ss 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.
8 Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties to this
proceeding may request access to documents containing sensitive unclassified
information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and
Safeguards Information (SGI)). Requirements for access to SGI are primarily set forth in
10 CFR parts 2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
B. Within 10 days after publication of this notice of hearing or opportunity for
hearing, any potential party who believes access to SUNSI or SGI is necessary to
respond to this notice may request access to SUNSI or SGI. 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 or SGI
submitted later than 10 days after publication 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 requestor shall submit a letter requesting permission to access
SUNSI, SGI, or both 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 Deputy Gener al Counsel for Licensing, Hearings, and
Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission,
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 email addresses for the Office of the Secretary and the Office of
9 the General Counsel are Hearing.Docket@nrc.gov and
RidsOgcMailCenter.Resource@nrc.gov, respectively.1 The request must include the
following information:
(1) A description of the licensing action with a citation to 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);
(3) If the request is for SUNSI, the identity of the individual or entity
requesting access to SUNSI and the requestor'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; and
(4) If the request is for SGI, the identity of each individual who would have
access to SGI if the request is granted, including the identity of any expert, consultant, or
assistant who will aid the requestor in evaluating the SGI. In addition, the request must
contain the following information:
(a) A statement that explains each individuals need to know the SGI, as
required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of
need to know as stated in 10 CFR 73.2, the statement must explain:
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 and/or SGI under these procedures should be submitted as described in this paragraph.
10 (i) Specifically, why the requestor believes that the information is necessary
to enable the requestor to proffer and/or adjudicate a specific contention in this
proceeding;2 and
(ii) The technical competence (demons trable knowledge, skill, training or
education) of the requestor to effectively utilize the requested SGI to provide the basis
and specificity for a proffered contention. The technical competence of a potential party
or its counsel may be shown by reliance on a qualified expert, consultant, or assistant
who satisfies these criteria.
(b) A completed Form SF-85, Questionnaire for Non-Sensitive Positions, for
each individual who would have access to SGI. The completed Form SF-85 will be used
by the Office of Administration to conduct the background check required for access to
SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestors trustworthiness and reliability. For security reasons, Form SF-85 can only be
submitted electronically through the National Background Investigation Services e-App
system, a secure website that is owned and operated by the Defense
Counterintelligence and Security Agency (DCSA). To obtain online access to the form,
the requestor should contact the NRC's Office of Administration at 301-415-3710. 3
(c) A completed Form FD-258 (fingerprint card), signed in original ink, and
submitted in accordance with 10 CFR 73.57(d). Copies of Form FD-258 will be provided
in the background check request package supplied by the Office of Administration for
2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requestors need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI.
3 The requestor will be asked to provide the requestors full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requestor usually should be able to obtain access to the online form within one business day.
11 each individual for whom a background check is being requested. The fingerprint card
will be used to satisfy the requirements of 10 CFR part 2, subpart C,
10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended,
which mandates that all persons with access to SGI must be fingerprinted for an FBI
identification and criminal history records check.
(d) A check or money order payable in the amount of $310.00 4 to the U.S.
Nuclear Regulatory Commission for each individual for whom the request for access
has been submitted.
(e) If the requestor or any individual(s) who will have access to SGI believes
they belong to one or more of the categories of individuals that are exempt from the
criminal history records check and background check requirements in 10 CFR 73.59, the
requestor should also provide a statement identifying which exemption the requestor is
invoking and explaining the requestors basis for believing that the exemption applies.
While processing the request, the Office of Administration, Personnel Security Branch,
will make a final determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of their exemption
status prior to submitting their request. Persons who are exempt from the background
check are not required to complete the SF-85 or Form FD-258; however, all other
requirements for access to SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d)
of this Order must be sent to the following address:
U.S. Nuclear Regulatory Commission Office of Administration ATTN: Personnel Security Branch
4 This fee is subject to change pursuant to DCSAs adjustable billing rates.
12 Mail Stop: TWFN -07D04M 11555 Rockville Pike Rockville, MD 20852
These documents and materials should not be included with the request letter to
the Office of the Secretary, but the request letter should state that the forms and fees
have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the requestor
should review all submitted materials for co mpleteness and accuracy (including legibility)
before submitting them to the NRC. The NRC will return incomplete packages to the
sender without processing.
E. Based on an evaluation of the information submitted under paragraphs
C.(3) or C.(4), as applicable, the NRC staff will determine within 10 days of receipt of the
request whether:
(1) There is a reasonable basis to believe the petitioner is likely to establish
standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to SUNSI or
need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines that the
requestor satisfies both E.(1) and E.(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
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 Order setting forth terms and conditions to prevent the unauthorized or
13 inadvertent disclosure of SUNSI by each individual who will be granted access to
SUNSI.5
G. For requests for access to SGI, if the NRC staff determines that the
requestor has satisfied both E.(1) and E.(2), the Office of Administration will then
determine, based upon completion of the background check, whether the proposed
recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If
the Office of Administration determines that the individual or individuals are trustworthy
and reliable, the NRC will promptly notify the requestor in writing. The notification will
provide the names of approved individuals as well as the conditions under which the SGI
will be provided. Those conditions may include, but are not limited to, the signing of a
Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will
be granted access to SGI.
H. Release and Storage of SGI. Prior to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an inspection to confirm that the recipients
information protection system is sufficient to satisfy the requirements of 10 CFR 73.22.
Alternatively, recipients may opt to view SGI at an approved SGI storage location rather
than establish their own SGI protection program to meet SGI protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that are based
upon the information received as a result of the request made for SUNSI or SGI 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)
5 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.
6 Any motion for Protective Order or draft Non-Disclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request.
14 the information and the deadline for filing a ll other contentions (as established in the
notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI
contentions by that later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC staff
either after a determination on standing and requisite need, or after a determination on
trustworthiness and reliability, the NRC staff shall immediately notify the requestor in
writing, briefly stating the reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse determination
regarding the trustworthiness and reliability of the proposed recipient(s) for access to
SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii), must
provide the proposed recipient(s) any records that were considered in the
trustworthiness and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the NRC staffs adverse determination
with respect to access to SUNSI or with respect to standing or need to know for SGI
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 this individual is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction pursuant to
10 CFR 2.318(a); or (c) if another officer has been designated to rule on information
access issues, with that officer.
15 (4) The requestor may challenge the Office of Administrations final
adverse determination with respect to trustworthiness and reliability for access to SGI
by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor 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
within 5 days of the notification by the NRC sta ff 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 individual is unavailable,
another administrative judge, or an Administrative Law Judge with jurisdiction pursuant
to 10 CFR 2.318(a); or (c) if another officer has been designated 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 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 2.311.7
L. The Commission expects that the NRC staff and presiding officers (and
any other reviewing officers) will consider and resolve requests for access to SUNSI or
SGI, 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
7 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/SGI request submitted to the NRC staff under these procedures.
16 propounded contentions meeting the specificity and basis requirements in
10 CFR part 2. The attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
Dated: October 3, 2024.
For the Nuclear Regulatory Commission.
/RA/
Carrie Safford, Secretary of the Commission.
17 ATTACHMENT 1 General 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 or opportunity for hearing, including order with instructions for access requests.
10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: (i) supporting the standing of a potential party identified by name and address; (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; (iii) demonstrating 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; and (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's 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 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). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted 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 staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access.
30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information proce ssing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.
18 Day Event/Activity 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 Agreement or 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 reversing a final adverse determination by the NRC staff.
A + 3 Deadline for filing executed Non-Discl osure Agreements or 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 petitioner's 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 petitioner 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.
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