[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Notices]
[Pages 69576-69577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29210]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 050-00400]


License No. NPF-63; Carolina Power and Light Company; Notice of 
Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission 
(NRC), has issued a Director's Decision with regard to a Petition dated 
November 5, 2001, filed by Mr. Jim Warren from NC WARN, hereinafter 
referred to as the ``Petitioner.'' The Petition was supplemented on 
February 12, 2002, with another letter on the same topic. The Petition 
concerns the rail transport of spent nuclear fuel by Carolina Power and 
Light Company (CP&L).
    The Petitioner requested that NRC take immediate action to halt the 
rail shipments of spent nuclear fuel by CP&L due to the terrorist 
attacks on September 11, 2001, and the continuing threat of terrorism.
    As the basis for the request, the Petitioner raised concerns 
stemming from recent terrorist attacks, and the fact the Petitioner 
believes the trains transporting the spent nuclear fuel are slow-moving 
targets. The Petitioner considers such transport to be potentially 
unsafe for the citizens in his state and especially for those along the 
transport route.
    On January 16, 2002, the NRC Petition was reviewed by a Petition 
Review Board (PRB). During the review, the PRB decided not to grant the 
part of the Petition that requested immediate halting of the rail 
shipments of spent nuclear fuel. Additionally, the letter dated 
February 12, 2002, supplementing the initial position taken by Mr. 
Warren and further requesting that NRC halt the rail shipments of spent 
nuclear fuel, did not change the decision of the PRB.
    The NRC sent a copy of the proposed Director's Decision to the 
Petitioner and to CP&L for comment on August 29, 2002. The Petitioner 
responded with comments on September 27, 2002, and

[[Page 69577]]

the licensee responded on September 24, 2002. The comments and the NRC 
staff's response to those comments are included in the Director's 
Decision.
    The Director of the Office of Nuclear Material Safety and 
Safeguards has determined that the requests to immediately halt rail 
shipments of spent nuclear fuel shipments by CP&L be denied. The 
reasons for this decision are explained in the Director's Decision 
pursuant to 10 CFR 2.206 [DD-02-05], the complete text of which is 
available for public inspection at the Commission's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland, and via the NRC's Web site (http://www.nrc.gov) on the World Wide Web, under the ``Public Involvement'' 
icon.
    NRC staff has determined that the established system of existing 
regulations for spent nuclear fuel transport, coupled with the 
additional security measures from the recently issued transportation 
Orders, adequately protect the transportation of spent nuclear fuel. 
Thus, the Petition sent by Mr. Warren of NC WARN to halt CP&L rail 
shipments of spent nuclear fuel has been denied.
    A copy of the Director's Decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the Director's Decision will constitute the final action of 
the Commission 25 days after the date of the Decision, unless the 
Commission, on its own motion, institutes a review of the Director's 
Decision in that time.

    Dated at Rockville, Maryland, this 12th day of November, 2002.
    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-29210 Filed 11-15-02; 8:45 am]
BILLING CODE 7590-01-P