[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63167-63169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25842]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos: (Redacted), License Nos: (Redacted), EA-XX-XXX (Redacted)]


In the Matter of All Power Reactor Licensees, Research and Test 
Reactor Licensees, and Special Nuclear Material Licensees Who Possess 
and Ship Spent Nuclear Fuel; Order Modifying License (Effective 
Immediately)

    The licensees identified in Attachment 1 to this Order have been 
issued a specific license by the U.S. Nuclear Regulatory Commission 
(NRC or Commission) authorizing the possession of spent nuclear fuel 
and a general license authorizing the shipment of spent nuclear fuel 
[in a transportation package approved by the Commission] in accordance 
with the Atomic Energy Act of 1954, as amended, and 10 CFR parts 50, 70 
and 71. This Order is being issued to all such licensees who ship spent 
nuclear fuel. Commission regulations for shipment of spent nuclear fuel 
at 10 CFR 73.37(a) require these licensees to maintain a physical 
protection system that meets the requirements contained in 10 CFR 
73.37(b), (c), (d), and (e).
    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, utilizing large commercial 
aircraft as weapons. In response to the attacks and intelligence 
information subsequently obtained, the Commission issued a number of 
Safeguards and Threat Advisories to its licensees in order to 
strengthen licensees' capabilities and readiness to respond to a 
potential attack on a nuclear facility or regulated activity. The 
Commission has also communicated with other Federal, State and local 
government agencies and industry representatives to discuss and 
evaluate the current threat environment in order to assess the adequacy 
of security measures at licensed facilities. In addition, the 
Commission has been conducting a comprehensive review of its safeguards 
and security programs and requirements.
    As a result of its consideration of current safeguards and security 
plan requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
compensatory measures are required to be implemented by licensees as 
prudent, interim measures, to address the current threat environment in 
a consistent manner. Therefore, the Commission is imposing 
requirements, as set forth in Attachment 2 of this Order, on all 
licensees identified in Attachment 1 of this Order.\1\ These interim 
requirements, which supplement existing regulatory requirements, will 
provide the Commission with reasonable assurance that the common 
defense and security continue to be adequately protected in the current 
threat environment. These requirements will remain in effect pending 
notification from the Commission that a significant change in the 
threat environment has occurred, or the Commission determines that 
other changes are needed.
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    \1\ Attachments 1 and 2 contain SAFEGUARDS Information and will 
not be released to the public.
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    The Commission recognizes that licensees may have already initiated 
many of the measures set forth in Attachment 2 to this Order in 
response to previously issued Safeguards and Threat Advisories or on 
their own. It is also recognized that some measures may not be possible 
or necessary for all shipments of spent nuclear fuel, or may need to be 
tailored to accommodate the licensees' specific circumstances to 
achieve the intended objectives and avoid any unforeseen effect on the 
safe transport of spent nuclear fuel.
    Although the additional security measures implemented by licensees 
in response to the Safeguards and Threat Advisories have been adequate 
to provide reasonable assurance of adequate protection of common 
defense and security, in light of the current threat environment, the 
Commission concludes that the security measures must be embodied in an 
Order consistent with the established regulatory framework. In order to 
provide assurance that licensees are implementing prudent measures to 
achieve a consistent level of protection to address the current threat 
environment, all licenses identified in Attachment 1 to this Order 
shall be modified to include the requirements identified in Attachment 
2 to this Order. In addition, pursuant to 10 CFR 2.202, I find that in 
light of the common defense and security matters identified above which 
warrant the issuance of this Order, the public health, safety, and 
interest require that this Order be immediately effective.

[[Page 63168]]

    Accordingly, pursuant to Sections 53, 103, 104, 161b, 161i, 161o, 
182 and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50, 70 and 
71, It is hereby ordered, effective immediately, that all licenses 
identified in Attachment 1 to this Order are modified as follows:
    A. All Licensees shall, notwithstanding the provisions of any 
Commission regulation or license to the contrary, comply with the 
requirements described in Attachment 2 to this Order except to the 
extent that a more stringent requirement is set forth in the Licensee's 
security plan. The Licensees shall immediately start implementation of 
the requirements in Attachment 2 to the Order and shall complete 
implementation by November 2, 2002, unless otherwise specified in 
Attachment 2, or before the licensee's next shipment, whichever is 
later.
    B. 1. All Licensees shall, within twenty (20) days of the date of 
this Order, notify the Commission, (1) if they are unable to comply 
with any of the requirements described in Attachment 2, (2) if 
compliance with any of the requirements is unnecessary in their 
specific circumstances, or (3) if implementation of any of the 
requirements would cause the Licensee to be in violation of the 
provisions of any Commission regulation or the facility license. The 
notification shall provide the Licensee's justification for seeking 
relief from or variation of any specific requirement.
    2. Any Licensee that considers that implementation of any of the 
requirements described in Attachment 2 to this Order would adversely 
impact the safe transport of spent nuclear fuel must notify the 
Commission, within twenty (20) days of this Order, of the adverse 
safety impact, the basis for its determination that the requirement has 
an adverse safety impact, and either a proposal for achieving the same 
objectives specified in the Attachment 2 requirement in question, or a 
schedule for modifying the activity to address the adverse safety 
condition. If neither approach is appropriate, the Licensee must 
supplement its response to Condition B1 of this Order to identify the 
condition as a requirement with which it cannot comply, with attendant 
justifications as required in Condition B1.
    C. 1. All Licensees shall, within twenty (20) days of the date of 
this Order, submit to the Commission a schedule for achieving 
compliance with each requirement described in Attachment 2.
    2. All Licensees shall report to the Commission when they have 
achieved full compliance with the requirements described in Attachment 
2.
    D. Notwithstanding any provisions of the Commission's regulations 
to the contrary, all measures implemented or actions taken in response 
to this Order shall be maintained pending notification from the 
Commission that a significant change in the threat environment has 
occurred, or the Commission determines that other changes are needed.
    Licensee responses to Conditions B1, B2, C1, and C2 above, shall be 
submitted to the NRC to the attention of the Director, Office of 
Nuclear Reactor Regulation or the Director, Office of Nuclear Material 
Safety and Safeguards, as applicable, under either 10 CFR 50.4, 70.5. 
In addition, Licensee submittals that contain Safeguards Information 
shall be properly marked and handled in accordance with 10 CFR 73.21.
    The Director, Office of Nuclear Reactor Regulation, or the 
Director, Office of Nuclear Material Safety and Safeguards, as 
applicable, may, in writing, relax or rescind any of the above 
conditions upon demonstration by the Licensee of good cause.
    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing on this Order, within twenty (20) days 
of the date of this Order. Where good cause is shown, consideration 
will be given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer or request a hearing 
must be made in writing to the Director, Office of Nuclear Reactor 
Regulation, or Director, Office of Nuclear Material Safety and 
Safeguards, as applicable, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and include a statement of good cause for 
the extension. The answer may consent to this Order. Unless the answer 
consents to this Order, the answer shall, in writing and under oath or 
affirmation, specifically set forth the matters of fact and law on 
which the Licensee or other person adversely affected relies and the 
reasons as to why the Order should not have been issued. Any answer or 
request for a hearing shall be submitted to the Secretary, Office of 
the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Attn: Rulemakings and Adjudications Staff, Washington, DC 20555-0001. 
Copies also shall be sent to the Director, Office of Nuclear Reactor 
Regulation, or Director, Office of Nuclear Material Safety and 
Safeguards, as applicable, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, to the Assistant General Counsel for 
Materials Litigation and Enforcement at the same address; to the 
Regional Administrator for NRC Region I, II, III, or IV, as appropriate 
for the specific facility; and to the Licensee if the answer or hearing 
request is by a person other than the Licensee. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that answers and requests for hearing be transmitted to 
the Secretary of the Commission either by means of facsimile 
transmission to 301-415-1101 or by e-mail to [email protected], and 
also to the Office of the General Counsel either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected]. If 
a person other than the Licensee requests a hearing, that person shall 
set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.714(d).\2\
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    \2\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714 (d) and paragraphs (d)(1) and (d)(2) 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714 (d), please see 67 FR 20884; April 
29, 2002.
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    If a hearing is requested by the Licensee or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    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 III above shall be final twenty (20) days from the 
date of this Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section III shall be final when the extension 
expires if a hearing request has not been received.
    An answer or a request for hearing shall not stay the immediate 
effectiveness of this order.


[[Page 63169]]


    Dated at Rockville, Maryland, this 3rd day of October 2002.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Margaret Federline,
Duputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-25842 Filed 10-9-02; 8:45 am]
BILLING CODE 7590-01-P