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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices 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 2.336f1iv.
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 partys interest independent of the proceeding. Such a challenge must be filed 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 he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR
2.318a; 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
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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 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.
It is so ordered.
Dated: January 14, 2021.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission.

ATTACHMENT 1GENERAL 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 and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information SUNSI and/or Safeguards Information SGI 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; 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.
Deadline for submitting petition for intervention containing: i Demonstration of standing; ii all contentions whose formulation does not require access to SUNSI and/or SGI +25 Answers to petition for intervention; +7 requestor/petitioner reply.
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 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.
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 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.
Deadline for NRC staff reply to motions to reverse NRC staff determinations.
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.
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 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.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336f1iv.
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.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 opportunity to request a hearing and petition for leave to intervene, the petitioner may file its SUNSI or SGI contentions by that later deadline.
Contention receipt +25 Answers to contentions whose development depends upon access to SUNSI and/or SGI.
Answer receipt +7 Petitioner/Intervenor reply to answers.

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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

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46562; August 3, 2012 apply to appeals of NRC
staff determinations because they must be served on a presiding officer or the Commission, as
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applicable, but not to the initial SUNSI/SGI request submitted to the NRC staff under these procedures.

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