ML23264A091

Federal Register Notice - American Centrifuge Operating, LLC Confirmatory Order

ML23264A091
Person / Time
Site:	07007004
Issue date:	09/22/2023
From:	Laura Dudes Region 2 Administrator
To:
References
EA-23-018, NRC-2023-0157
Download: ML23264A091 (21)

Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[Docket No. 07007004; EA-23-018; NRC-2023-0157]

In the Matter of American Centrifuge Operating, LLC;

American Centrifuge Operating Oak Ridge

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Conf irmatory

Order (Order) to American Centrifuge Operating, LLC (ACO, the l icensee), as a result of

a successful alternative dispute resolution mediation session c ompleted on

June 27, 2023. The commitments outlined in the Order were made as part of a

settlement agreement concerning apparent violations by ACO for failing to meet NRC

regulatory requirements related to protection of classified inf ormation. Details regarding

the apparent violations contain security-related information an d are therefore

documented in a non-public version of the Order. The Order is e ffective upon issuance.

DATES: The Order was issued on September 21, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0157 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 Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2023-0157. Address questions about Docket IDs in

Regulations.gov to Stacy Schumann; telephone: 301-415-0624; ema il:

Stacy.Schumann@nrc.gov. For technical questions, contact the in dividual listed in the

For Further Information Contact section of this document.

• NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAM S Public

Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the

search, select Begin Web-based ADAMS Search. For problems wit h ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at

301-415-4737, or by email to PDR.Resource@nrc.gov. The Confirma tory Order

modifying the license of American Centrifuge Operating, LLC, is available in ADAMS

under Accession No. ML23263B067.

• NRCs PDR: The PDR, where you may examine and order copies of publicly

available documents, is open by appointment. To make an appoint ment to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Matthew Toth, Region II, telephone: 404-

997-4445; email: Matthew.Toth@nrc.gov and Mark Kowal, Region II, telephone: 404-

997-4523, email: Mark.Kowal@nrc.gov. Both are staff of the U.S. Nuclear Regulatory

Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated: September 22, 2023.

For the Nuclear Regulatory Commission.

/RA/

Laura A. Dudes, Regional Administrator, NRC Region II.

Attachment - CONFIRMATORY ORDER MODIFYING LICENSE - AMERICAN CENTRIFUGE OPERATING - OAK RIDGE

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of ) Docket Number 07007004

)

American Centrifuge Operating, LLC ) License Number SNM-2011

)

American Centrifuge Operating Oak Ridge ) EA-23-018

CONFIRMATORY ORDER MODIFYING LICENSE

I

American Centrifuge Operating, LLC (ACO or Licensee) is the hol der of Materials

License No. SNM-2011 issued by the U.S. Nuclear Regulatory Comm ission (NRC or

Commission) pursuant to part 95 of Title 10 of the Code of Federal Regulations

(10 CFR). The license authorizes the operation of the ACO facil ity in Piketon, Ohio

(ACO-Piketon), the ACO facility in Oak Ridge, Tennessee (ACO-OR ), and the ACO

headquarters facility in Bethesda, Maryland, in accordance with conditions specified

therein.

This Confirmatory Order (CO) is the result of an agreement reac hed during an

Alternative Dispute Resolution (ADR) mediation session conducte d on June 27, 2023,

in Rockville, Maryland.

Enclosure 1 II

On March 30, 2023, the NRC issued Special Inspection Report (IR )

07007004/2023401 (Agencywide Documents Access and Management Sy stem

(ADAMS) ML23074A222, public cover letter) to ACO-OR which docum ented the

identification of apparent violations that were being considere d for escalated

enforcement action in accordance with the NRC Enforcement Polic y. The apparent

violations involved the licensees failure to meet regulatory r equirements. Details

regarding the apparent violations contain security-related info rmation and are therefore

documented in the non-public version of the Confirmatory Order.

By the same letter, dated March 30, 2023, the NRC notified ACO of the results of

the inspection with an opportunity to: (1) provide a response i n writing, (2) attend a

predecisional enforcement conference or (3) participate in an A DR mediation session in

an effort to resolve these concerns.

In response to the NRCs letter of March 30, 2023, ACO requeste d the use of the

NRCs ADR process to resolve differences it had with the NRC. On June 27, 2023, the

NRC and ACO met in an ADR session mediated by a professional me diator arranged

through the U.S. Department of Energy. The ADR process is one i n which a neutral

mediator, with no decision-making authority, assists the partie s in reaching an

agreement on resolving any differences regarding the dispute. T his Confirmatory Order

is issued pursuant to the agreement reached during the ADR proc ess.

III

During the ADR session, ACO and the NRC reached a preliminary s ettlement

agreement. The elements of the agreement include the following:

1. ACO acknowledged that the violations occurred as documented in NRC IR number

07007004/2023401 (ADAMS Accession No. ML23074A222, public cover letter)

issued on March 30, 2023, and as described in Section II of thi s Order.

2. In recognition of the prompt and comprehensive corrective ac tions taken in response

to the apparent violations, as documented in this CO, discussed at the ADR, and

documented in IR 07007004/2023401 issued on March 30, 2023, ACO is not

required to provide a written response in accordance with 10 CF R 2.201. The

licensee initiated a root cause analysis investigation and esta blished additional

corrective actions based on results from that investigation. Co rrective actions and

enhancements completed by ACO contain security-related informat ion and are

therefore contained in the non-public version of the Confirmato ry Order.

3. For the purposes of this agreement, portions of the Confirma tory Order, as

designated herein, will apply to ACO Oak Ridge (Oak Ridge), ACO -Piketon

(Piketon), or both.

4. Based on ACOs review of the incident and NRCs concerns wit h respect to

precluding recurrence of the violations, ACO agrees to implemen t corrective actions

and enhancements that contain security-related information and are therefore

documented in the non-public version of the Confirmatory Order.

Within 15 months from the date of the Confirmatory Order, ACO w ill submit to the

NRC for approval a revision to the Oak Ridge and Piketon Standa rd Practice

Procedure Plans to reflect the commitments which include markin g requirements,

searching requirements, training, and root cause evaluation cri teria. Details

regarding the commitments contain security-related information and are in the

described in the non-public version of the Confirmatory Order.

5. Upon implementation of all the actions required of ACO in th e Confirmatory Order,

ACO will notify the NRC Region II Regional Administrator.

6. The NRC considers the correct ive actions discussed above to be appropriately

prompt and comprehensive to address the causes which resulted i n the incidents

discussed in the NRCs IR dated March 30, 2023.

7. In consideration of the commitments delineated above, the NR C agrees not to cite

the violations and agrees not to propose a civil penalty for al l matters discussed in

the NRCs IR dated March 30, 2023.

8. The NRC agrees that the Confirmatory Order will not count as escalated enforcement in the civil penalty assessment process for future enforcement cases

involving ACO.

9. The Regional Administrator, NRC Region II, may relax or resc ind, in writing, any of

the above conditions of the Confirmatory Order upon a showing b y ACO of good

cause.

10. The NRC and ACO agree that the above elements will be incor porated into issuance

of a Confirmatory Order, with a Waiver of Hearing Rights.

11. This agreement is binding upon successors and assigns of AC O.

Based on the completed actions described above, and the commitm ents

described in Section V below, the NRC agrees to not pursue any further enforcement

action based on the apparent vio lations identified in the NRCs March 30, 2023, letter

and the Order will not count as escalated enforcement in the civil penalty assessment

process for future enforcement cases involving ACO.

On September 12, 2023, ACO consented to issuing this Confirmato ry Order with

the commitments, as described in Section V below. ACO further a greed that this

Confirmatory Order is to be effective upon issuance, the agreem ent memorialized in this

Confirmatory Order settles the matter between the parties, and that ACO has waived its

right to a hearing.

IV

I find that ACOs actions completed and planned, as described i n Section III

above, combined with the commitments as set forth in Section V are acceptable and

necessary, and conclude that with these commitments the public health and safety are

reasonably assured. In view of the foregoing, I have determined that public health and

safety require that ACOs commitments be confirmed by this Conf irmatory Order. Based

on the above and ACOs consent, this Confirmatory Order is effe ctive upon issuance.

V

Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 187 of the

Atomic Energy Act of 1954, as amended, and the Commission's reg ulations in

10 CFR 2.202 and 10 CFR part 95, IT IS HEREBY ORDERED, EFFECTIV E UPON

ISSUANCE, THAT ACO License No. SNM-2011 IS MODIFIED AS FOLLOW S:

Within 15 months from the date of the Confirmatory Order, ACO w ill submit to the

NRC for approval a revision to the Oak Ridge and Piketon Standa rd Practice Procedure

Plans to reflect the commitments which include marking requirem ents, searching

requirements, training, and root cause evaluation criteria. Det ails regarding the

commitments contain security-related information and are in the described in the non-

public version of the Confirmatory Order.

This agreement is binding upon successors and assigns of ACO. T he Regional

Administrator, Region II, may, in writing, relax or rescind any of the above conditions

upon demonstration by ACO or its successors of good cause.

VI

Procedures for Access to Sensitive Unclassified Non-Safeguards Information

(SUNSI) for Contention Preparation:

A. This Confirmatory Order contains instructions regarding how potential parties to

this proceeding may request access to documents containing SUNS I.

B. Within 10 days after publication of this notice of hearing a nd 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 demonstrati ng standing and

filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI

submitted later than 10 days after publication of this notice 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 ac cess SUNSI to the

Office of the Secretary, U.S. Nuclear Regulatory Commission, Wa shington, DC

20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to

the Associate General Counsel for Hearings, Enforcement and Adm inistration,

Office of the General Counsel, Washington, DC 20555-0001. The e xpedited

delivery or courier mail address for both offices is: U.S. Nucl ear Regulatory

Commission, 11555 Rockville Pike, Rockville, Maryland 20852. Th e e-mail addresses for the Office of the Secretary and the Office of the General Counsel are

Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively1. The request

must include the following information:

1. A description of the licensing action with a citation to thi s Federal Register

notice;

2. The name and address of the potential party and a descriptio n of the potential

party's particularized interest that could be harmed by the act ion identified in

C.(1); and

3. The identity of the individual or entity requesting access t o 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 mu st

explain why publicly available versions of the information requ ested would not

be sufficient to provide the basis and specificity for a proffe red contention.

D. Based on an evaluation of the information submitted under pa ragraph 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 lik ely to establish

standing to participate in this NRC proceeding; and

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.

2. The requester has established a legitimate need for access t o SUNSI.

E. If the NRC staff determines that the requester 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 conditi ons 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 Order2

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 SU NSI 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 d ate the petitioner

is granted access to the information and the deadline for filin g all other contentions

(as established in the notice of hearing or opportunity for hea ring), the petitioner

may file its SUNSI contentions by that later deadline. This pro vision 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.

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.

G. Review of Denials of Access.

1. If the request for access to SUNSI is denied by the NRC staff a fter a

determination on standing and need for access, the NRC staff sh all

immediately notify the requestor in writing, briefly stating th e reason or

reasons for the denial.

2. The requester may challenge the NRC staffs adverse determinatio n by filing

a challenge within 5 days of receipt of that determination with : (a) the

presiding officer designated in this proceeding; (b) if no pres iding officer has

been appointed, the Chief Administrative Judge, or if he or she is unavailable,

another administrative judge, or an administrative law judge wi th jurisdiction

pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been designated

to rule on information access issues.

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 b e filed with

the Chief Administrative Judge within 5 days of the notificatio n 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 order s ruling on such NRC staff determinations (whether granting or denying access) is go verned by

10 CFR 2.311.3

The Commission expects that the NRC staff and presiding officer s (and any other

reviewing officers) will consider and resolve requests for acce ss to SUNSI, and

motions for protective orders, in a timely fashion in order to minimize any

unnecessary delays in identifying those petitioners who have st anding and who

have propounded contentions meeting the specificity and basis r equirements in

10 CFR part 2. Attachment 2 to this Order summarizes the genera l target schedule

for processing and resolving requests under these procedures.

VII

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person ad versely

affected by this Confirmatory Order, other than ACO, may reques t a hearing within thirty

(30) calendar days of the date of issuance of this Confirmatory Order. Where good

cause is shown, consideration will be given to extending the ti me to request a hearing. A

request for extension of time must be made in writing to the Di rector, Office of

Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and

include a statement of good cause for the extension.

3 Requestors 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.

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

(hereinafter petition), and documents filed by interested gov ernmental entities

participating under 10 CFR 2.315(c), must be filed in accordanc e with the NRCs E-Filing

rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The

E-Filing process requires participants to submit and serve all adjudicatory documents

over the internet, or in some cases to mail copies on electroni c storage media.

Participants may not submit paper copies of their filings unles s they seek an exemption

in accordance with the procedures described below.

All documents filed in NRC adjudicatory proceedings, including documents filed

by an interested State, local governmental body, Federally reco gnized Indian Tribe, or

designated agency thereof that requests to participate under 10 CFR 2.315(c), must be

filed in accordance with 10 CFR 2.302. The E-Filing process req uires participants to

submit and serve all adjudicatory documents over the internet, or in some cases, to mail

copies on electronic storage media, unless an exemption permitting an alternative filing

method, as further discussed, is granted. Detailed guidance on electronic submissions is

located in the Guidance for El ectronic Submissions to the NRC (ADAMS Accession

No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-help/e-

submittals.html.

To comply with the procedural requirements of E-Filing, at leas t 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 (1) request a digital

identification (ID) certificate, which allows the participant ( or its counsel or

representative) to digitally sign submissions and access the E-Filing system for any

proceeding in which it is participating; and (2) advise the Sec retary that the participant

will be submitting a petition or other adjudicatory document (e ven in instances in which

the participant, or its counsel or representative, already hold s an NRC-issued digital ID

certificate). Based upon this information, the Secretary will e stablish an electronic docket

for the proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is avai lable on the NRCs

public website at https://www.nrc.gov/site-help/e-submittals/ge tting-started.html. After a

digital ID certificate is obtained and a docket created, the pa rticipant must submit

adjudicatory documents in Portable Document Format. Guidance on submissions is

available on the NRCs public website at https://www.nrc.gov/si te-help/electronic-sub-ref-

mat.html. A filing is considered complete at the time the docum ent is submitted through

the NRCs E-Filing system. To be timely, an electronic filing m ust be submitted to the

E-Filing system no later than 11:59 p.m. ET on the due date. Up on receipt of a

transmission, the E-Filing system time-stamps the document and sends the submitter an

email confirming receipt of the document. The E-Filing system a lso distributes an email

that provides access to the document to the NRCs Office of the General Counsel and

any others who have advised the Office of the Secretary that th ey wish to participate in

the proceeding, so that the filer need not serve the document o n those participants

separately. Therefore, applicants and other participants (or th eir counsel or representative) must apply for and receive a digital ID certificate before adjudicatory

documents are filed to obtain access to the documents via the E -Filing system.

A person filing electronically u sing the NRCs adjudicatory E-Filing system may

seek assistance by contacting the NRCs Electronic Filing Help Desk through the

Contact Us link located on the NRCs public website at https: //www.nrc.gov/site-help/e-

submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-

672-7640. The NRC Electronic Filing Help Desk is available betw een 9 a.m. and 6 p.m.,

ET, Monday through Friday, except Federal holidays.

Participants who believe that they have good cause for not subm itting documents

electronically must file an exemption request, in accordance wi th 10 CFR 2.302(g), with

their initial paper filing stating why there is good cause for not filing electronically and

requesting authorization to continue to submit documents in pap er format. Such filings

must be submitted in accordance with 10 CFR 2.302(b)-(d). Parti cipants filing

adjudicatory documents in this manner are responsible for servi ng their documents on all

other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must

still meet the electronic formatting requirement in 10 CFR 2.30 2(g)(1), unless the

participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).

Documents submitted in adjudicatory proceedings will appear in the NRCs

electronic hearing docket, which is publicly available at https ://adams.nrc.gov/ehd,

unless excluded pursuant to an order of the presiding officer. If you do not have an NRC-

issued digital ID certificate as previously described, click c ancel when the link requests certificates and you will be automatically directed to the NRC s electronic hearing

dockets where you will be able to access any publicly available documents in a particular

hearing docket. Participants are requested not to include perso nal privacy information

such as social security numbers, home addresses, or personal ph one numbers in their

filings unless an NRC regulation or other law requires submissi on 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 applic ation, participants should

not include copyrighted materials in their submission.

The Commission will issue a notice or order granting or denying a hearing

request or intervention petition, designating the issues for an y hearing that will be held

and designating the Presiding Officer. A notice granting a hear ing will be published in the

Federal Register and served on the parties to the hearing.

If a person (other than ACO) requests a hearing, that person shall set forth with

particularity the manner in which his interest is adversely aff ected by this Confirmatory

Order and shall address the criteria set forth in 10 CFR. 2.309 (d) and (f).

If a hearing is requested by a person whose interest is adverse ly affected, the

Commission will issue an order designating the time and place o f any hearings. If a

hearing is held, the issue to be considered at such hearing sha ll be whether this

Confirmatory Order should be sustained.

In the absence of any request for hearing, or written approval of an extension of

time in which to request a hearing, the provisions specified in Section V above shall be

final 30 days from the date of this Confirmatory Order without further order or

proceedings. If an extension of time for requesting a hearing h as been approved, the

provisions specified in Section V shall be final when the extension expires if a hearing

request has not been received.

For the Nuclear Regulatory Commission

Laura A. Dudes /RA/

Regional Administrator NRC Region II

Dated this 21st day of September 2023

Attachments: As stated

ALL FACILITIES OWNED AND OPERATED BY AMERICAN CENTRIFUGE OPERATING, LLC

1) American Centrifuge Operating, LLC

Larry Cutlip President 400 Centrifuge Way Oak Ridge, TN 37830

2) American Centrifuge Operating, LLC - Piketon (ACO-Piketon)

Docket No.: 07007004 License No.: SNM-2011

Mathew Snider Enrichment Operations Plant Manager/Operations Manager 3930 U.S. Route 23 South P.O. Box 628 Mail Stop 7560 Piketon, Ohio 45661

3) American Centrifuge Operating, LLC - Oak Ridge (ACO-OR)

Docket No.: 07007004 License No.: SNM-2011

Mark McClure Site Director 400 Centrifuge Way Oak Ridge, TN 37830

Attachment 1 General Target Schedule for Processing and Resolving Requests f or Access to Sensitive Unclassified Non-Safeguards Information in this Proce eding

Day Event/Activity

0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for acces s requests.

10 Deadline for submitting requests for access to Sensitive Unc lassified 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 mea ningfully in an adjudicatory proceeding.

60 Deadline for submitting petition for intervention containing : (i) demonstration of standing; and (ii) all contentions whose formulation does not r equire access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/ requestor reply).

20 U.S. Nuclear Regulatory Commission (NRC) staff informs the r equester of the status 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 indepen dent 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 red acted documents).

25 If NRC staff finds no "need" or no likelihood of standing, t he deadline for petitioner/requester to file a motion seeking a ruling to rever se the NRC starts denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated offi cer, 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 th e NRC staffs 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 Pr otective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

Attachment 2 Day Event/Activity

A If access granted: issuance of presiding officer or other designat ed officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of cont entions) or decision reversing a final adverse determination by the NRC sta ff.

A + 3 Deadline for filing executed Non-Disclosure Affidavits. A ccess provided to SUNSI consistent with decision issuing the protective order.

A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between t he 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 de velopment depends upon access to SUNSI.

A + 60 (Answer receipt +7) Petitioner/Intervener reply to answe rs.

>A + 60 Decision on contention admission.

Attachment 2