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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules Document
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TR111652065NP, Effluent Release GALE Replacement Methodology and Results, Rev. 1 November 2018

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The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at https www.regulations.gov under Docket ID NRC20170029.

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XVI. Procedures for Access to Proprietary and Safeguards Information for Preparation of Comments on the NuScale Design Certification Proposed Rule This section contains instructions regarding how the non-publicly available documents related to this rule, and specifically those listed in Table 1.61 and 1.62 beginning on page 1.6
2 of Tier 2 of the DCD, may be accessed by interested persons who wish to comment on the design certification.
These documents contain proprietary information and safeguards information SGI. Requirements for access to SGI
are primarily set forth in 10 CFR parts 2 and 73. This section provides information specific to this proposed rule; however, nothing in this section is intended to conflict with the SGI
regulations.
Interested persons who desire access to proprietary information on NuScale should first request access to that information from NuScale Power, LLC, the design certification applicant.
Requests to the applicant must be sent to NuScale Power, LLC, at RegulatoryAffairs@NuScalePower.com.
A request for access should be submitted to the NRC if the applicant does not either grant or deny access by the 10-day deadline described in the following section.
One of the non-publicly available documents, TR041648929, NuScale Design of Physical Security Systems, contains both proprietary information and SGI. If you need access to proprietary information in that document in order to develop comments within the scope of this rule, then your request for access should first be submitted to NuScale Power, in accordance with the previous paragraph. By contrast, if you need access to the SGI in order to provide comments, then your request for access 2 The regulatory history of the NRCs design certification reviews is a package of documents that is available in the NRCs PDR and NRC Library.
This history spans the period during which the NRC simultaneously developed the regulatory standards for reviewing these designs and the form and content of the rules that certified the designs.

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to the SGI must be submitted to the NRC
as described further in this section.
Therefore, if you need access to both proprietary information and SGI in that document, then you should request access to the information in separate requests submitted to both NuScale Power and the NRC.
Submitting a Request to the NRC for Access Within 10 days after publication of this proposed rule, any individual or entity who believes access to proprietary information or SGI is necessary in order to submit comments on this proposed rule may request access to such information. Requests for access to proprietary information or SGI
submitted more than 10 days after publication of this document will not be considered absent a showing of good cause for the late filing explaining why the request could not have been filed earlier.
The requestor shall submit a letter requesting permission to access proprietary information and/or SGI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Attention:
Rulemakings and Adjudications Staff, Washington, DC 205550001. The email address for the Office of the Secretary is Rulemaking.Comments@nrc.gov. The requester must send a copy of the request to the design certification applicant at the same time as the original transmission to the NRC using the same method of transmission.
Requests to the applicant must be sent to NuScale Power, LLC, at RegulatoryAffairs@NuScalePower.com.
The request must include the following information:
1 The name of this design certification, NuScale Design Certification; the rulemaking identification number, RIN 3150AJ98;
the rulemaking docket number, NRC
20170029; and the Federal Register citation for this rule.
2 The name and address of the requester.
3 The identity of the individuals to whom access is to be provided, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the information.
4 If the request is for proprietary information, the requesters need for the information in order to prepare meaningful comments on the design certification must be demonstrated.

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Each of the following areas must be addressed with specificity:
a The specific issue or subject matter on which the requester wishes to comment.
b An explanation why information which is publicly available is insufficient to provide the basis for developing meaningful comment on the NuScale design certification proposed rule with respect to the issue or subject matter described in paragraph 4.a. of this section.
c The technical competence demonstrable knowledge, skill, training or education of the requestor to effectively utilize the requested proprietary information to provide the basis for meaningful comment.
Technical competence may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria.
d A chronology and discussion of the requesters attempts to obtain the information from the design certification applicant, and the final communication from the requester to the applicant and the applicants response, if any was provided, with respect to the request for access to proprietary information must be submitted.
5 If the request is for SGI, the request must include the following:
a A statement that explains each individuals need to know the SGI, as required by 73.2 and 73.22b1.
Consistent with the definition of need to know as stated in 73.2, the statement must explain:
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; 3 and ii The technical competence demonstrable knowledge, skill, training or education of the requestor to effectively utilize the requested SGI to provide the basis and specificity for meaningful comment. Technical competence may be shown by reliance 3 Broad SGI requests under these procedures are unlikely to meet the standard for need to know.
Furthermore, NRC redaction of information from requested documents before their release may be appropriate to comport with this requirement. The procedures in this document do not authorize unrestricted disclosure or less scrutiny of a requesters need to know than ordinarily would be applied in connection with either adjudicatory or non-adjudicatory access to SGI.

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