NRC License Amendments, Duane Arnold Energy Center, NextEra Energy

Content

ACTION:

License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order
imposing procedures.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) received and is considering issuance of three amendments to Renewed
Facility License (RFL) No. DPR-49 for the Duane Arnold Energy Center (DAEC), which were requested by NextEra Energy Duane
Arnold, LLC (NEDA) to support the potential reauthorization of power operations at the DAEC. For each amendment request, the
NRC proposes to determine that they involve no significant hazards consideration (NSHC). Because potential parties may deem
it necessary to obtain access to safeguards information (SGI) to meet Commission requirements for intervention, the NRC is
issuing an order imposing procedures to obtain access to SGI for contention preparation by persons who file a hearing request
or petition for leave to intervene.

DATES:

Submit comments by May 22, 2026. Requests for a hearing or petitions for leave to intervene must be filed by June 22, 2026.
Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to SGI is necessary to respond to this notice must request document access by May 4, 2026.

ADDRESSES:

You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through
the Federal rulemaking website.

• Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-1719. Address questions about Docket IDs in Regulations.gov to Bridget Curran; telephone: 301-415-1003; email: Bridget.Curran@nrc.gov. For technical questions, contact the individual listed in the
FOR FURTHER INFORMATION CONTACT
section of this document.

• Mail comments to: Office of Administration, Mail Stop: TWFN-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program
Management, Announcements and Editing Staff.

For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments”
in the
SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT:

Justin Poole, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-415-2048; email: Justin.Poole@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2026-1719 when contacting the NRC about the availability of information for this action. You
may obtain publicly available information related to this action by any of the following methods:

• Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-1719.

• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select “Begin ADAMS Public Search.” For problems with ADAMS, please contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is
mentioned in this document.

• NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment
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 through Friday, except Federal
holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal Rulemaking Website (https://www.regulations.gov). Please include Docket ID NRC-2026-1719 in your comment submission.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying
or contact information.

If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons
not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC does not routinely edit comment submissions to remove such information before making
the comment submissions available to the public or entering the comment into ADAMS.

II. Introduction

A. Background

DAEC consists of a single boiling-water reactor located in Linn County, Iowa. Originally licensed for operation on February
22, 1974, the NRC issued a renewed facility operating license for DAEC on December 16, 2010, with the renewed license term
expiring on February 21, 2034.

By letter dated January 18, 2019, NEDA certified to the NRC that it planned to permanently cease power operations at DAEC
in the fourth quarter of 2020. By letter dated March 2, 2020, NEDA updated its timeline and certified to the NRC that it planned
to permanently cease power operations at DAEC on October 30, 2020. By letter dated August 27, 2020, NEDA certified to the
NRC that power operations permanently ceased at DAEC on August

10, 2020, and in a letter dated October 12, 2020, that the fuel was permanently removed from the DAEC reactor vessel and placed
in the spent fuel pool, in accordance with 10 CFR 50.82(a)(1). Upon the NRC's docketing of these certifications, the DAEC
license no longer authorized operation of the reactor or emplacement or retention of fuel into the reactor vessel, as provided
by 10 CFR 50.82(a)(2).

NEDA is seeking to return DAEC to power operations and has submitted several requests for NRC approval to support allowing
the resumption of power operations through February 21, 2034, the previous expiration date of the plant's license. These requests
include three license amendment requests (LARs), which are the subject of this notice, and an exemption request. Consistent
with the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations, the NRC is not publishing a notice of
opportunity for hearing on the exemption request.

B. License Amendment Requests

The NRC is considering issuance of amendments to RFL No. DPR-49 for DAEC that were requested by NEDA, to support reauthorization
of power operations at DAEC. These LARs are the subject of this notice and are listed in tabular form in Section III of this
document.

Before any issuance of the proposed license amendments, the NRC will need to make the findings required by the Act and the
NRC's regulations. Pursuant to Section 189a.(2) of the Act, the NRC is publishing this notice. The Act requires the Commission
to publish notice of any amendments issued or proposed to be issued, and grants the Commission the authority to issue and
make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment
involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing
from any person.

The scope of this notice is limited to comments, requests for hearing, and petitions for leave to intervene related to the
three LARs listed in tabular form in Section III of this document.

The NRC staff notes that, although the three LARs state that a categorical exclusion applies, the NRC staff is not relying
on a categorical exclusion for these actions. The NRC staff will complete an environmental review of the potential environmental
impacts of the proposed Federal actions related to reauthorizing power operations at DAEC, which include the three LARs, and
will document its findings in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the NRC's
regulations in 10 CFR part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.”
The NRC staff's environmental review will also document the NRC's interagency consultation requirements in accordance with
Section 106 of the National Historic Preservation Act and Section 7 of the Endangered Species Act. The NRC staff will prepare
an environmental assessment that will be used to determine whether an environmental impact statement is necessary or whether
a finding of no significant impact is warranted to satisfy the NRC's NEPA obligations. A draft environmental assessment and
draft finding of no significant impact, provided that a determination of no significant impact is reached, will be issued
for public comment. The U.S. Department of Energy, Office of Energy Dominance Financing will serve as a cooperating agency
on the NRC's environmental review.

III. Notice of Consideration of Issuance of Amendments to Renewed Facility License, Proposed No Significant Hazards Consideration

Determination, and Opportunity for a Hearing

The Commission has made a proposed determination that the three LARs listed in tabular form in this notice involve no significant
hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance
with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident
previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated,
or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment
request is included in the amendment requests as referenced in the table in this notice.

The Commission is seeking public comments on these proposed determinations. Any comments received within 30 days after the
date of publication of this notice will be considered in making any final determinations.

Normally, the Commission will not issue the amendments until the expiration of 60 days after the date of publication of this
notice. The Commission may issue any of these license amendments before expiration of the 60-day period provided that its
final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue
any of these amendments prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for example, in prevention of resumption of operation of the
facility. If the Commission takes action on any of these amendments prior to the expiration of either the comment period or
the notice period, it will publish a notice of issuance in the
Federal Register
. If the Commission makes a final no significant hazards consideration determination for any of these amendments, any hearing
will take place after issuance. The Commission expects that the need to take this action on any amendment request before 60
days have elapsed will occur very infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

Within 60 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by any
of these actions may file a request for a hearing and petition for leave to intervene (petition) with respect to that action.
Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested
persons should consult 10 CFR 2.309. If a petition is filed, the Commission or a presiding officer will rule on the petition
and, if appropriate, a notice of a hearing will be issued.

Petitions must be filed no later than 60 days from the date of publication of this notice in accordance with the filing instructions
in the “Electronic Submissions (E-Filing)” section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that
the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).

If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration,
the Commission will make a final determination on the issue of no significant hazards consideration, which will serve to establish
when the hearing is held. If the final determination is that the LAR involves no significant hazards consideration, the Commission
may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing

would take place after issuance of the amendment. If the final determination is that the LAR involves a significant hazards
consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an
imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR
part 2.

A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to
the Commission to participate as a party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof,
may participate as a non-party under 10 CFR 2.315(c).

For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession
No. ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website (https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate).

B. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including documents filed by an interested State, local governmental
body, Federally recognized 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 requires 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 Electronic Submissions to the NRC” (ADAMS Accession No. ML13031A056), and on the NRC's public website (https://www.nrc.gov/site-help/e-submittals.html).

To comply with the procedural requirements of E-Filing, at least 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
their 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 Secretary that the participant will be submitting a petition or other adjudicatory
document (even in instances in which the participant, or their counsel or representative, already holds an NRC-issued digital
ID certificate). Based upon this information, the Secretary will establish 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 available on the NRC's public website (https://www.nrc.gov/site-help/e-submittals/getting-started.html). After a digital ID certificate is obtained and a docket is created, the participant must submit adjudicatory documents
in the Portable Document Format. Guidance on submissions is available on the NRC's public website (https://www.nrc.gov/site-help/electronic-sub-ref-mat.html). A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely,
an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon 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 also distributes an email that provides access to the document to the NRC's Office of the General Counsel
and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer
need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel
or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed in order to
obtain access to the documents via the E-Filing system.

A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the “Contact Us” link located on the NRC's public website (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 between 9 a.m. and 6 p.m., ET,
Monday through Friday, except Federal holidays.

Participants who believe that they have good cause for not submitting documents electronically must file an exemption request,
in accordance with 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 paper format. Such filings must be submitted in accordance
with 10 CFR 2.302(b)-(d). Participants filing adjudicatory documents in this manner are responsible for serving 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 2.302(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 NRC's electronic hearing docket, which is publicly available
on the NRC's public website (https://adams.nrc.gov/ehd), unless otherwise excluded pursuant to an order of the presiding officer. If you do not have an NRC-issued digital ID certificate
as previously described, click “cancel” when the link requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any publicly available documents in a particular hearing
docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses,
or personal phone numbers in their filings unless an NRC regulation or other law requires submission 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 application, participants should not include copyrighted materials in their submission.

The following table provides the topic, date, ADAMS accession number, and location in the application of NEDA's proposed NSHC
determination for each of the three LARs that support the proposed resumption of power operation at DAEC. For further details
with respect to these license amendment applications, see the applications, publicly available portions of which are available
for public inspection in ADAMS. For additional direction on accessing information related to these documents, see the “Obtaining
Information and Submitting Comments” section of this document.

| --- | --- |
| Application to Revise the Renewed Facility License and Technical Specifications to Support Resumption of Power Operation | |
| Application Date | November 20, 2025. |
| ADAMS Accession No. | ML25324A300. |
| Location in Application of NSHC | Pages 60-63 of Enclosure 1. |
| Brief Description of Amendment | The proposed amendment would revise the renewed facility license including Appendix A, technical specifications, to support
resumption of power operations at DAEC. |
| Proposed Determination | NSHC. |
| Name of Attorney for Licensee, Mailing Address | Steven Hamrick, Senior Attorney, Florida Power and Light Company, 801 Pennsylvania Ave. NW, Suite 220, Washington, DC 20004. |
| NRC Project Manager, Telephone Number | Justin Poole, 301-415-2048. |
| Application to Revise the Physical Security Plan to Support Resumption of Power Operation | |
| Application Date | December 17, 2025. |
| ADAMS Accession No. | ML25363A083. |
| Location in Application of NSHC | Pages 4-6 of Enclosure 1. |
| Brief Description of Amendment | The proposed amendment would revise the DAEC Physical Security Plan and update License Condition C.(5) to support resumption
of power operations at DAEC. |
| Proposed Determination | NSHC. |
| NRC Project Manager, Telephone Number | Justin Poole, 301-415-0248. |
| Application to Revise the Emergency Plan to Support Resumption of Power Operation | |
| Application Date | January 30, 2026. |
| ADAMS Accession No. | ML26033A048. |
| Location in Application of NSHC | Pages 29-30 of Enclosure 1. |
| Brief Description of Amendment | The proposed amendment would replace the current DAEC Emergency Response Plan and emergency action levels with the NextEra
Common Emergency Plan, including emergency actions levels, and a DAEC site-specific annex to support resumption of power operations
at DAEC. |
| Proposed Determination | NSHC. |

Order Imposing Procedures for Access to Safeguards Information for Contention Preparation

A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing
SGI. Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this Order is intended to
conflict with the SGI regulations.

B. Within 10 days after publication of this notice of opportunity to request a hearing and petition for leave to intervene,
any potential party who believes access to SGI 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 demonstrating standing and filing an admissible contention under
10 CFR 2.309. Requests for access to SGI submitted later than 10 days after publication 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 requestor shall submit a letter requesting permission to access SGI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Deputy General
Counsel for Licensing, Hearings, and Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001. The expedited delivery or courier mailing address for both offices is: U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville, Maryland 20852. The email addresses for the Office of the Secretary and the Office of the
General Counsel are Hearing.Docket@nrc.gov and RidsOgcMailCenter.Resource@nrc.gov, respectively. (1)

The request must include the following information:

(1) A description of the licensing action with a citation to this
Federal Register
notice;

(2) The name and address of the potential party and a description of the potential party's particularized interest that could
be harmed by the action identified in C.(1);

(3) The identity of each individual who would have access to SGI if the request is granted, including the identity of any
expert, consultant, or assistant who will aid the requestor in evaluating the SGI. In addition, the request must contain the
following information:

(a) A statement that explains each individual's “need to know” the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1).
Consistent with the definition of “need to know” as stated in 10 CFR 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; (2) 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 a proffered contention. The technical competence of a potential party or its counsel
may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria.

(b) A completed Form SF-85, “Questionnaire for Non-Sensitive Positions,” for each individual who would have access to SGI.
The completed Form SF-85 will be used by the Office of Administration to conduct the background check required for access
to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestor's trustworthiness and
reliability. For security reasons, Form SF-85 can only be submitted electronically through the National Background Investigation
Services eApp system, a secure website that is owned and operated by the Defense Counterintelligence and Security Agency (DCSA).
To obtain online access to the form, the requestor should contact the NRC's Office of Administration at 301-415-3710. (3)

(c) A completed Form FD-258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d).
Copies of Form FD-258 will be provided in the background check request package supplied by the Office of Administration for
each individual for whom a background check is being requested. The fingerprint card will be used to satisfy the requirements
of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates
that all persons with access to SGI must be fingerprinted for a Federal Bureau of Investigation identification and criminal
history records check.

(d) A check or money order payable in the amount of $403.00 (4) to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted, and

(e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories
of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59,
the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestor's
basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security
Branch, will make a final determination whether the claimed exemption applies. Alternatively, the requestor may contact the
Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt
from the background check are not required to complete the SF-85 or Form FD-258; however, all other requirements for access
to SGI, including the need to know, are still applicable.

Note:

Copies of documents and materials required by paragraphs C.(3)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, Office of Administration, ATTN: Personnel Security Branch, Mail Stop: TWFN-07D04M,
11555 Rockville Pike, Rockville, MD 20852.

These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and
fees have been submitted as required.

D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness
and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender
without processing.

E. Based on an evaluation of the information submitted under paragraph C, as applicable, 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 likely to establish standing to participate in this NRC proceeding;
and

(2) The requestor has established a legitimate need to know the SGI requested.

F. If the NRC staff determines that the requestor has satisfied both E.(1) and E.(2), the Office of Administration will then
determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required
for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy
and reliable, the NRC will promptly notify the requestor in writing. The notification will provide the names of approved individuals
as well as the conditions under which the SGI will be provided. These conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order (5) by each individual who will be granted access to SGI.

G. 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 recipient's 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.

H. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of
the request made for 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 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 SGI contentions by that later deadline.

I. Review of Denials of Access.

(1) If the request for access to SGI is denied by the NRC staff either after a determination on standing and requisite need
to know, 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 an adverse determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii), must provide
the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including
those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or
explain the record.

(3) The requestor may challenge the NRC staff's adverse determination 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 this

individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR
2.318(a); 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 Administration's adverse determination with respect to trustworthiness and reliability
for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv).

(5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.

J. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating
disputes concerning access to information. Interlocutory review by the Commission on orders ruling on such NRC staff determinations
(whether granting or denying access) is governed by 10 CFR 2.311. (6)

K. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve
requests for access to 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: April 20, 2026. For the Nuclear Regulatory Commission.

Carrie Safford, Secretary of the Commission.
| Day | Event/activity |
| --- | --- |
| 0 | Publication of
Federal Register
notice of opportunity to request a hearing and petition for leave to intervene, including order with instructions for access
requests. |
| 10 | Deadline for submitting requests for access to 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 including the application fee for the fingerprint/background check. |
| 60 | Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation
does not require access to SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). |
| 20 | U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need to know. If NRC staff makes the finding
of need to know and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history
records check), information processing (i.e., preparation of redactions or review of redacted documents), and readiness inspections. |
| 25 | If NRC staff finds 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 staff's denial of access; NRC staff files copy of access determination with the presiding
officer (or Chief Administrative Judge or other designated officer, as appropriate). |
| 30 | Deadline for NRC staff's reply to motions to reverse NRC staff determination(s). |
| 190 | (Receipt +180) If NRC staff finds standing, need to know, and trustworthiness and reliability, deadline for NRC staff to file
motion for Protective Order and proposed Non-Disclosure Agreement or Affidavit (or to make a determination that the proposed
recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination
regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. |
| 205 | Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10
CFR 2.336(f)(1)(iv). |
| A | If access is granted: Issuance of a decision by a presiding officer or other designated officer on motion for Protective Order
for access to SGI (including schedule for providing access and submission of contentions) or decision reversing a final adverse
determination by the NRC staff. |
| A + 3 | Deadline for filing executed Non-Disclosure Agreement or Affidavits. Access provided to SGI consistent with decision issuing
the Protective Order. |
| A + 28 | Deadline for submission of contentions whose development depends upon access to SGI. However, if more than 25 days remain
between the 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 SGI contentions by that later deadline. |
| A + 53 | (Contention receipt +25) Answers to contentions whose development depends upon access to SGI. |
| A + 60 | (Answer receipt +7) Petitioner/Intervenor reply to answers. |
| >A + 60 | Decision on contention admission. |
[FR Doc. 2026-07796 Filed 4-21-26; 8:45 am] BILLING CODE 7590-01-P

Footnotes

(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 SGI under these procedures should be submitted as described in this paragraph.

(2) Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be appropriate to comport with this requirement. These procedures
do not authorize unrestricted disclosure or less scrutiny of a requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory access to SGI.

(3) The requestor will be asked to provide the requestor's full name, social security number, date and place of birth, telephone
number, and email address. After providing this information, the requestor usually should be able to obtain access to the
online form within 1 business day.

(4) This fee is subject to change pursuant to the DCSA's adjustable billing rates.

(5) Any motion for Protective Order or proposed Non-Disclosure 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 deadline
for the receipt of the written access request.

(6) Requestors should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended
at 77 FR 46562, August 3, 2012, 78 FR 34247, June 7, 2013) 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 SGI request submitted to the NRC
staff under these procedures.

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