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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 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.
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
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.
It is so ordered.
Dated: August 12, 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 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 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.
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.
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.
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.
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.
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.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
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 opportunity to request a hearing and petition for leave to intervene, the petitioner may file its SUNSI contentions by that later deadline.

10
60
20

25

30
40
A
A + 3
A + 28
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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.
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 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
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2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer, or the Chief Administrative Judge if the presiding officer has not
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yet been designated, within 30 days of the deadline for the receipt of the written access request.
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

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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 applicable, but not to the initial SUNSI request submitted to the NRC staff under these procedures.

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