[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43099-43104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17448]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-3103; NRC-2013-0044]


URENCO USA (formerly Louisiana Energy Services, L.P.)

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene; order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from URENCO USA for amendment of License No. SNM-2010, 
which authorizes it to operate a uranium enrichment facility. The 
license authorizes the production of enriched uranium up to a maximum 
of 5.0 percent U-235, using a gas centrifuge process. The amendment 
would allow URENCO USA (UUSA or

[[Page 43100]]

the licensee) to utilize tails of approximately 0.4 wt% U-235 as feed 
material in a re-feed process; increase its possession mass limit for 
natural and depleted uranium to 251,000,000 kg; and increase its U-235 
possession mass limit to 2,180,000 kg.

DATES: Requests for a hearing or petition for leave to intervene must 
be filed by September 22, 2014. Any potential party as defined in 
Section 2.4 of Title 10 of the Code of Federal Regulations (10 CFR) who 
believes access to sensitive unclassified non-safeguards information 
(SUNSI) is necessary to respond to this notice must request document 
access by August 4, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0044 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0044. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9124; email: 
Michael.Raddatz@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

A. November 2012 LAR

    On November 9, 2012, UUSA submitted a request to amend License No. 
SNM-2010, under which it has operated, since 2010, a uranium enrichment 
facility located in Lea County, New Mexico. The November 2012 LAR 
sought to expand the facility's production capacity by adding three new 
separation building modules (SBMs)--designated as SBM-1005, SBM-1007, 
and SBM-1009--and associated plant support systems such as compressed 
air, centrifuge cooling water, and electrical distribution systems. 
Currently, the licensee operates two SBMs (designated as SBM-1001 and 
SBM-1003) at its New Mexico facility. The 2012 LAR stated that one 
assay unit in SBM-1005 was being designed to have the option of 
efficiently using high-assay tails (of approximately 0.4 wt percent U-
235) as feed material, instead of natural uranium. Use of high-assay 
tails in this manner involves an increase in the number of tails 
stations and tails pumps. The 2012 LAR did not seek authorization to 
use high-assay tails as one of UUSA's enrichment processes. The UUSA 
facility has a total production capacity of approximately 3.7 million 
separative work units (SWUs). The 2012 LAR requested an increase in the 
total production capacity from 3.7 million SWU to 10 million SWU. The 
proposed facility expansion also includes one additional cylinder 
receipt and dispatch building to accommodate additional cylinder 
handling requirements; and an increase in the uranium byproduct 
cylinder storage pad area from 2.6 acres to 23 acres, reflecting a 
proposed cylinder storage capacity increase from 15,727 to 25,000 
storage cylinders using triple stacking.
    A notice of opportunity to request a hearing on the 2012 LAR was 
published in the Federal Register (78 FR 16890; March 19, 2013). No 
hearing requests were submitted.

B. May 2014 LAR

    The 2014 LAR (dated May 22, 2014) seeks authorization to use high-
assay tails as one of UUSA's enrichment processes within SBM-1005. If 
the May 2014 LAR is granted, the licensee would be authorized to 
utilize high assay tails of approximately 0.4 wt% U-235 (i.e., depleted 
natural uranium) as feed material for the cascade in a re-feed process. 
The May 22, 2014, LAR stated that the re-feed design is accomplished 
with minor internal system design changes to the cascades, and that 
accordingly the re-feed design does not alter ongoing SBM-1005 
construction activities. As part of its May 2014 LAR, the licensee 
revised its existing integrated safety analysis summary by identifying 
two new items relied on for safety and a new accident sequence. This 
new accident sequence is the result of assay unit 1005's ability to 
efficiently use high assay tails as feed material, and applies only to 
the SBM-1005 assay units capable of using high assay tails as feed 
material. Granting the May 2014 LAR would also modify license condition 
8.a of SNM-2010 by increasing UUSA's possession mass limit for natural 
and depleted uranium from 136,120,000 kg to a new limit of 251,000,000 
kg, and would modify license condition 8.b by increasing UUSA's 
possession mass limit for U-235 from 545,000 kg, to 2,180,000 kg. The 
NRC is providing notice of opportunity to request a hearing on the May 
2014 LAR.
    On June 19, 2014, UUSA submitted a redacted version of its May 2014 
LAR so it could be made publicly available. An NRC administrative 
review, documented in a letter to UUSA dated June 25, 2014, found the 
May 2014 LAR acceptable to begin a technical review. If the NRC 
approves the amendment request, the approval will be documented in an 
amendment to NRC License No. SNM-2010. However, before approving the 
proposed 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 required findings will be documented in a Safety 
Evaluation Report. Regarding the proposed action, the NRC will also 
make findings consistent with the National Environmental Policy Act and 
10 CFR Part 51.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Agency 
Rules of Practice and Procedure'' in 10 CFR Part 2. Interested 
person(s) should consult a current copy of 10 CFR 2.309, which is 
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The 
NRC's regulations are accessible

[[Page 43101]]

electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing 
or petition for leave to intervene is filed within 60 days, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel will rule on the request and/or petition. The Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth, with particularity, the interest of the petitioner in 
the proceeding and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted, with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
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 requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at 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 
requestor/petitioner shall 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 requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements 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, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    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 petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
September 22, 2014. 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 for leave to intervene set forth in this section, except that 
under Sec.  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. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in 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 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. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
September 22, 2014.

III. Electronic Submissions (E-Filing)

    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, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). 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.
    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 request (1) a digital identification ID 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (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 hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the 
E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC

[[Page 43102]]

Meta System Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home 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 are requested not to include copyrighted 
materials in their submission.

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 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 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 email 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
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    \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.
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    (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
    (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 requestor has established a legitimate need for access to 
SUNSI.

[[Page 43103]]

    E. If the NRC staff determines that the requestor 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 Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \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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    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 
either 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 staff's 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, with that officer.
    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\
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    \3\ Requesters 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.
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    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. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It Is So Ordered.

    Dated at Rockville, Maryland, this 18th day July, 2014.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified
                                  Non-Safeguards Information in this Proceeding
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                  Day                                                 Event/Activity
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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 staff's 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 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 processing and file motion for
                                          Protective Order and draft Non-Disclosure Affidavit. Deadline for
                                          applicant/licensee to file Non-Disclosure Agreement 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 (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.

[[Page 43104]]

 
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/Intervenor reply to answers.
>A +60.................................  Decision on contention admission.
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[FR Doc. 2014-17448 Filed 7-23-14; 8:45 am]
BILLING CODE 7590-01-P