[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65150-65152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26986]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. (as shown in Attachment 1) EA-02-104]
Order Modifying Licenses (Effective Immediately)
In the Matter of All 10 CFR part 50 licensees who currently store
or have near term plans to store spent fuel in an ISFSI under the
general license provisions of 10 CFR part 72.
I
The licensees identified in Attachment 1 to this Order have been
issued a general license by the U.S. Nuclear Regulatory Commission (NRC
or the Commission) authorizing storage of spent fuel in an independent
spent fuel storage installation (ISFSI) in accordance with the Atomic
Energy Act of 1954, 10 CFR part 50, and 10 CFR part 72. This Order is
being issued to all licensees who currently store spent fuel or have
identified near term plans to store spent fuel in an ISFSI under the
general license provisions of 10 CFR part 72. Commission regulations at
10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require these licensees to
maintain safeguards contingency plan procedures in accordance with 10
CFR part 73, Appendix C. Specific safeguards requirements are contained
in 10 CFR 73.55.
II
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. 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 throughout the nuclear ISFSI community. Therefore,
the Commission is imposing requirements, as set forth in Attachment
2\1\ of this Order, on all licensees who currently store spent fuel or
have identified near term plans to store spent fuel in an ISFSI under
the general license provisions of 10 CFR part 72. These interim
requirements, which supplement existing regulatory requirements, will
provide the Commission with reasonable assurance that the public health
and safety and 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.
---------------------------------------------------------------------------
\1\ Attachment 2 contains SAFEGUARDS information and will not be
released to the public.
---------------------------------------------------------------------------
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 advisories or on their own. It is also
recognized that some measures may not be possible or necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at the licensee's facility to achieve the
intended objectives and avoid any unforeseen effect on the safe storage
of spent fuel.
Although the additional security measures implemented by the
licensees in response to the Safeguards and Threat Advisories have been
adequate to provide reasonable assurance of adequate protection of
public health and safety, 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
[[Page 65151]]
environment, all general licenses issued pursuant to 10 CFR 72.210 to
the licensees 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 the
circumstances described above, the public health, safety and interest
require that this Order be effective immediately.
III
Accordingly, pursuant to Sections 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, 72 and
73, it is hereby ordered, effective immediately, that all general
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 April 16, 2003, or the first day that spent fuel is
initially placed in the ISFSI, whichever is later.
B.1. All licensees shall, within 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 licensees'
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 storage of spent fuel must notify the Commission,
within 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 facility to address the adverse safety condition. If
neither approach is appropriate, the licensee must supplement its
response to Condition B.1 of this Order to identify the condition as a
requirement with which it cannot comply, with attendant justifications
as required in Condition B.1.
C.1. All licensees shall, within 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 the provisions of 10 CFR 72.186, 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 B.1, B.2, C.1, and C.2, above
shall be submitted in accordance with 10 CFR 72.4. 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 Material Safety and Safeguards may,
in writing, relax or rescind any of the above conditions upon
demonstration by the licensee of good cause.
IV
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 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 Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555, 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. Copies also
shall be sent to the Director, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
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 potential 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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.
For the Nuclear Regulatory Commission.
[[Page 65152]]
Dated this 16th day of October, 2002.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
Attachment 1--Address List
Oliver D. Kingsley, Jr., President and Chief Nuclear Officer, Dresden
Nuclear Power Station, Docket No. 72-37, Exelon Generation Company,
LLC, 4300 Winfield Road, Warrenville, IL 60555
Michael B. Sellman, President and CEO, Point Beach Nuclear Plant,
Docket No. 72-5, Nuclear Management Company, LLC, 700 First Street,
Hudson, WI 54016
Michael B. Sellman, President and CEO, Palisades Plant, Docket No. 72-
7, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016
Robert F. Saunders, President and Chief Nuclear Officer, Davis-Besse
Nuclear Power Station, Docket No. 72-14, FirstEnergy Nuclear Operating
Company, FirstEnergy Corporation, 76 South Main Street, Akron, OH 44308
Robert G. Byram, Senior Vice President & Chief Nuclear Officer,
Susquehanna Steam Electric Station, Docket No. 72-28, PPL Susquehanna,
LLC, 2 North Ninth Street, Allentown, PA 18101
Oliver D. Kingsley, Jr., President and Chief Nuclear Officer, Peach
Bottom Atomic Power Station, Docket No. 72-29, Exelon Generation
Company, 4300 Winfield Road, Warrenville, IL 60555
Michael S. Tuckman, Executive Vice President Nuclear Generation, Oconee
Nuclear Station, Docket No. 72-40, Duke Energy Corporation, 526 South
Church St, Mail Code EC 07 H, Charlotte, NC 28242
Michael S. Tuckman, Executive Vice President, Nuclear Generation,
William B. McGuire Nuclear Station, Docket No. 72-38, Duke Energy
Corporation, 526 South Church St, Mail Code EC 07 H, Charlotte, NC
28242
W.G. Hairston, III, President and Chief Executive Officer, Edwin I.
Hatch Nuclear Plant, Docket No. 72-36, Southern Nuclear Operating
Company, Inc., 40 Inverness Center Parkway, Birmingham, AL 35242
Gary J. Taylor, Senior Vice President and Chief Operating Officer,
Arkansas Nuclear One, Docket No. 72-13, Entergy Operations Inc., 1340
Echelon Parkway, Jackson, MS 39213
Harold B. Ray, Executive Vice President, San Onofre Nuclear Generating
Station, Docket No. 72-41, Southern California Edison, 8631 Rush
Street, Rosemead, CA 91770
James M. Levine, Executive Vice President and Chief Operating Officer,
Palo Verde Nuclear Generating Station, Docket No. 72-44, Arizona Public
Service Company, 400 North 5th Street, MS 9046, Phoenix, AZ 85004
J.V. Parrish, Chief Executive Officer, Columbia Generating Station,
Docket No. 72-35, Energy Northwest, MD 1023, Snake River Warehouse,
North Power Plant Loop, Richland, WA 99352
Michael B. Sellman, President and Chief Executive Officer, Duane Arnold
Energy Center, Docket No. 72-32, Nuclear Management Company, LLC, 700
First Street, Hudson, WI 54016
Robert A. Fenech, Senior Vice President, Nuclear, Fossil, and Hydro
Operations, Big Rock Point Nuclear Plant, Docket No. 72-43, Consumers
Energy Company, 212 West Michigan Avenue, Jackson, MI 49201
Michael Kansler, Senior Vice President and Chief Operating Officer,
James A. Fitzpatrick Nuclear Power Plant, Docket No. 72-12, Entergy
Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 10601
Russell A. Mellor, President, Yankee Nuclear Power Station, Docket No.
72-31, Yankee Atomic Electric Company, 19 Midstate Drive, Suite 200,
Auburn, MA 01501
Michael J. Meisner, Chief Nuclear Officer, Maine Yankee Atomic Power
Station, Docket No. 72-30, Maine Yankee Atomic Power Company, 321 Old
Ferry Road, Wiscasset, ME 04578-4922
K. J. Heider, Vice President--Operations and Decommissioning, Haddam
Neck Plant, Connecticut Yankee Atomic Power Co., Docket No. 72-39, 362
Injun Hollow Road, East Hampton, CT 06424-3099
Oliver D. Kingsley, Jr. President and Chief Nuclear Officer, Oyster
Creek Nuclear Generating Station, Docket No. 72-15, Exelon Generation
Company, LLC, 4300 Winfield Road, Warrenville, IL 60555
John A. Scalice, Chief Nuclear Officer and Executive Vice President,
Sequoyah Nuclear Plant, Docket No. 72-34, Tennessee Valley Authority,
6A Lookout Place, 1101 Market Street, Chattanooga, TN 37402-2801
W.G. Hairston, III, President and Chief Executive Officer, Joseph M.
Farley Nuclear Plant, Docket No. 72-42, Southern Nuclear Operating
Company, Inc., 40 Inverness Center Parkway, Birmingham, AL 35242
[FR Doc. 02-26986 Filed 10-22-02; 8:45 am]
BILLING CODE 7590-01-P