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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices
provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will be granted access to SGI.
H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct as necessary an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 10 CFR 73.22.
Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI 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 or SGI
contentions by that later deadline.
J. Review of Denials of Access.
1 If the request for access to SUNSI
or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.
2 Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipients for access to SGI,
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 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: May 24, 2021.
For the Nuclear Regulatory Commission.
Richard J. Laufer, Acting 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.

10

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the Office of Administration, in accordance with 10 CFR 2.336f1iii, must provide the proposed recipients any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR
73.57e1, so that the proposed recipients have an opportunity to correct or explain the record.
3 The requestor may challenge the NRC staffs adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI 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
2.318a; or c if another officer has been designated to rule on information access issues, with that officer.
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
6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the
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deadline for the receipt of the written access request.
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 applicable, but not to the initial SUNSI/SGI request submitted to the NRC staff under these procedures.

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