ML22173A105

Federal Register Notice: Three Mile Island, Unit 2 - Physical Security Plan Amendment Request

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 issuance of an amendment to Possession Only License (POL) No. DPR-73, issued 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 request. Pursuant to NRC regulations, TMI-2 Solutions proposes an amendment to the POL 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 qualification, and safeguards contingency plans maintained by Unit 1 with a TMI-2 Site Security 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 (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene.

DATES: 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 hearing 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 document 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; however, 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.Schumann@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 submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Amy Snyder, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301 415-6822, email: Amy.Snyder@nrc.gov.

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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 NRC about the availability of information for this action. You may obtain publicly available 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 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 (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this 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 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 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays.

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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 information 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 enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

If you are requesting or aggregating comments from other persons 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 disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment 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, Pennsylvania.

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 review 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 Security Plan. In the March 31 supplement, TMI-2 Solutions stated that TMI-2 Solutions will develop a 4

Security Plan document (its own plan), instead of the site physical security, guard training and qualification, and safeguards contingency plans maintained 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 amended (the Act), and NRC's regulations.

The NRC has made a proposed determination that the license amendment request involves NSHC. Under the NRC's regulations in 10 CFR 50.92 Issuance of amendment, this means that operation 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 evaluated; 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 requirements for 10 CFR 73.67 and part 37 material. During post-defueling monitored storage (PDMS), 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 created by the proposed amendment.

TMl-2 plans to transition from PDMS into DECON following the current planning phase and provided this amendment request is approved, and during 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 (SNM) 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 aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. These canisters will then be transferred to an expanded Independent Spent 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 certified storage systems will assure there are no increases in accident probability or consequences 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 the possibility of a new or different kind of accident from that previously evaluated. When TMl-2 is in the PDMS condition no major decommissioning activities will occur, and there 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 concludes that during PDMS the proposed amendment would not create the possibility of a new or different kind of accident from any accident previously evaluated.

TMl-2 plans to transition from PDMS into DECON following the current planning phase and provided this amendment request is approved. Once TMl-2 has entered DECON, SNM 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 aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. These canisters will then be transferred to an expanded ISFSI inside the TMl-1 ISFSI fence to store the canisters after 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. This certification assures that no new or different kind of accidents from any accident previously 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. While 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 requirements of 10 CFR part 73.55, 7

the NRC determined that the remaining radioactive material is in 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 part 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, during PDMS, as the potential for radiological sabotage has been eliminated, the requested amendment would not result in a reduction in the margin of safety.

During DECON, to minimize aggregating the remaining SNM, the core debris will be generally packaged and loaded as it is retrieved. SNM will not be aggregated any more than is necessary to load a canister. These canisters will then be transferred to an expanded ISFSI inside the TMl-1 ISFSI fence to store the canisters after TMl-1 completes their spent fuel transfer campaign to the ISFSI. This 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 NRC 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 standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves NSHC.

The NRC is seeking public comments on this proposed determination 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.

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Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day notice period if the Commission concludes the amendment involves NSHC. In addition, the Commission 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 act 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 infrequently.

III. Opportunity To Request a Hearing and Petition for Leave to Intervene Within 60 days after the date of publication of this notice, any 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 Practice and Procedure in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRCs regulations are accessible electronically from the NRC Library on the NRCs public website at https://www.nrc.gov/reading-rm/doc-collections/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 reference 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, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order 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 fact 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 rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to 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 law 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 petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention 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 evidence, 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 determination 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 filed 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 final determination on the issue of NSHC, the Commission will make a final determination on the issue of NSHC. The final determination will serve to establish 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 effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent 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 Tribe, 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 extent of the petitioners interest in the proceeding. The petition should be submitted to 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 Submissions (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 governmental body, or Federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries.

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Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

If a petition is submitted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions 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 otherwise 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 scheduled.

IV. Electronic Submissions and 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 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 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 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.

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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 9:00 a.m.

and 6:00 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 14

serve the purpose of the adjudicatory filings and would constitute 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 to 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 parties to this proceeding may request access to documents containing SUNSI.

B. Within 10 days after publication of this notice of hearing or opportunity for hearing, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A potential party is any person who intends to participate as a party by 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 requestor 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 Deputy General 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 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 this Federal Register notice; (2) The name and address of the potential party and a description 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 sufficient to provide the basis and specificity for a proffered contention.

D. Based on an evaluation of the information submitted under paragraph C, 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.

E. If the NRC staff determines that the requestor satisfies both 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 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 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.

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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 staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.

(2) The requestor 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 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.

(3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.

H. 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 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 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 2.311.3 I. 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. The attachment 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 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.

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IT IS SO ORDERED.

Dated: June 23, 2022.

For the Nuclear Regulatory Commission.

/RA/

Rochelle C. Bavol, Acting Secretary of the Commission.

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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 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) 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 requestor 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, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the 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 Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.

A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information 21

Day Event/Activity (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 Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.

A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of 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/Intervenor reply to answers.

>A + 60 Decision on contention admission.

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