[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Notices]
[Pages 55039-55040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21747]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-27; License No. SNM-42]
BWX Technologies, Inc., Lynchburg, VA; Order Modifying License
(Effective Immediately)
I
(BWXT) is the holder of Special Nuclear Material License SNM-42
issued by the U.S. Nuclear Regulatory (NRC or Commission) pursuant to
10 CFR part 70. BWXT is authorized by their license to receive,
possess, and transfer byproduct, source material, and special nuclear
material in accordance with the Atomic Energy Act of 1954, as amended,
and 10 CFR part 70. The BWXT license, originally issued on August 22,
1956, was renewed on October 1, 1995, and is due to expire on September
30, 2005.
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 BWXT as
prudent, interim measures to address the current threat environment.
Therefore, the Commission is imposing interim requirements, set forth
in Attachment 1 \1\ of this Order, which supplement existing regulatory
requirements, to 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 occurs,
or if the Commission determines that other changes are needed.
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\1\ Attachment 1 contains classified information and will not be
released to the public.
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The Commission recognizes that some of the requirements set forth
in Attachment 1 \2\ to this Order may already have been initiated by
BWXT in response to previously issued advisories, or on its own. It is
also recognized that some measures may need to be tailored to
specifically accommodate the specific circumstances and characteristics
existing at BWXT's facility to achieve the intended objectives and
avoid any unforeseen effect on safe operation.
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\2\ To the extent that specific measures identified in
Attachment 1 to this Order require actions pertaining to BWXT's
possession and use of chemicals, such actions are being directed on
the basis of the potential impact of such chemicals on radioactive
materials and activities subject to NRC regulation.
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Although BWXT's response to the Safeguards and Threat Advisories
has been adequate to provide reasonable assurance of adequate
protection of public health and safety, the Commission believes that
the response must be supplemented because of the current threat
environment. As a result, it is appropriate to require certain security
measures so that they are maintained within the established regulatory
framework. In order to provide assurance that BWXT is implementing
prudent measures to achieve an adequate level of protection to address
the current threat environment, Special Nuclear Materials License SNM-
42 shall be modified to include the requirements identified in
Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202 and
70.81, I find that, in the circumstances described above, the public
health, safety and interest and the common defense and security require
that this Order be immediately effective.
III
Accordingly, pursuant to sections 63, 81, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10
[[Page 55040]]
CFR 2.202 and 10 CFR part 70, it is hereby ordered, effective
immediately, that special nuclear materials license SNM-42 is modified
as follows:
A. BWXT shall, notwithstanding the provisions of any Commission
regulation or license to the contrary, comply with the requirements
described in Attachment 1 to this Order. BWXT shall immediately start
implementation of the requirements in Attachment 1 to the Order and
shall complete implementation, unless otherwise specified in Attachment
1 to this order, no later than February 28, 2003.
B.1. BWXT shall, within twenty (20) days of the date of this Order,
notify the Commission, (1) if it is unable to comply with any of the
requirements described in Attachment 1, (2) if compliance with any of
the requirements is unnecessary in its specific circumstances, or (3)
if implementation of any of the requirements would cause BWXT to be in
violation of the provisions of any Commission regulation or its
license. The notification shall provide BWXT's justification for
seeking relief from or variation of any specific requirement.
2. If BWXT considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact safe
operation of its facility, BWXT 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 1 requirement in question, or a schedule
for modifying the facilities to address the adverse safety condition.
If neither approach is appropriate, BWXT 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. BWXT 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 1.
2. BWXT shall report to the Commission when it has achieved full
compliance with the requirements described in Attachment 1.
D. Notwithstanding any provision 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 occurs, or if the
Commission determines that other changes are needed.
BWXT's responses to Conditions B.1, B.2, C.1, and C.2, above shall
be submitted in accordance with 10 CFR 70.5. In addition, BWXT's
submittals that contain classified information shall be properly marked
and handled in accordance with 10 CFR 95.39.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, modify, relax or rescind any of the above conditions
upon demonstration by BWXT of good cause.
IV
In accordance with 10 CFR 2.202 and 70.81, BWXT 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 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 BWXT 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, 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, and the Director, Office of
Enforcement, 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, NRC
Region II, Sam Nunn Atlanta Federal Center, Suite 23 T85, 61 Forsyth
Street, SW, Atlanta, GA 30303-3415, and to BWXT if the answer or
hearing request is by a person other than BWXT. 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 by e-mail to [email protected]. If a person other than BWXT
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). \3\
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\3\ 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 subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. Those provisions
are extant and still applicable to petitions to intervene. Those
provisions are as follows: ``In all other circumstances, such ruling
body or officer shall, in ruling on--(1) A petition for leave to
intervene or a request for hearing, consider the following factors,
among other things: (i) The nature of the petitioner's right under
the Act to be made a party to the proceeding. (ii) The nature and
extent of the petitioner's property, financial, or other interest in
the proceeding. (iii) The possible effect of any order that may be
entered in the proceeding on the petitioner's interest. (2) The
admissibility of a contention, refuse to admit a contention if: (i)
The contention and supporting material fail to satisfy the
requirements of paragraph (b)(2) of the section; or (ii) The
contention, if proven, would be of no consequence in the proceeding
because it would not entitle petitioner to relief.
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If a hearing is requested by BWXT 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), BWXT 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.
Dated this 21st day of August, 2002.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-21747 Filed 8-26-02; 8:45 am]
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