[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8936-8938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4533]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1201; License No. SNM-1168]
In the Matter of: Framatome Advanced Nuclear Power, Inc.,
Lynchburg, VA; Order Modifying License (Effective Immediately)
I
Framatome Advanced Nuclear Power, Inc. Lynchburg (Framatome ANP
Lynchburg) is the holder of Special Nuclear Material License No. SNM
1168 issued by the U.S. Nuclear Regulatory (NRC or Commission) pursuant
to 10 CFR part 70. Framatome ANP Lynchburg 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 Framatome ANP Lynchburg
license, originally issued in December 1969, was renewed in September
1990. The license is currently being reviewed for renewal until 2012.
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
[[Page 8937]]
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 Framatome ANP
Lynchburg 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 until the
Commission determines otherwise.
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\1\ Attachment 1 contains safeguards 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
Framatome ANP Lynchburg 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 Framatome ANP Lynchburg'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 Framatome
ANP Lynchburg'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 Framatome ANP Lynchburg's response to the Safeguards and
Threat Advisories has been adequate to provide reasonable assurance of
adequate protection of public health and safety, 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 Framatome ANP
Lynchburg is implementing prudent measures to achieve an adequate level
of protection to address the current threat environment, Materials
License SNM-1168 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 53, 63, 81, 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 part 70, It is
hereby ordered, effective immediately, that Material License SNM-1168
is modified as follows:
A. Framatome ANP Lynchburg shall, notwithstanding the provisions of
any Commission regulation to the contrary, comply with the requirements
described in Attachment 1 to this Order. Framatome ANP Lynchburg 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 August 15, 2003.
B. 1. Framatome ANP Lynchburg 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 Framatome ANP Lynchburg to be in violation of the
provisions of any Commission regulation or its license. The
notification shall provide Framatome ANP Lynchburg's justification for
seeking relief from or variation of any specific requirement.
2. If Framatome ANP Lynchburg considers that implementation of any
of the requirements described in Attachment 1 to this Order would
adversely impact safe operation of its facility, Framatome ANP
Lynchburg 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, Framatome ANP Lynchburg 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. Framatome ANP Lynchburg 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. Framatome ANP Lynchburg 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 until the Commission determines
otherwise.
Framatome ANP Lynchburg'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, Framatome ANP Lynchburg's 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 Framatome ANP Lynchburg 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 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 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
[[Page 8938]]
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, NRC Region II, Sam Nunn Atlanta Federal Center , Suite
23 T85, 61 Forsyth Street, SW. Atlanta, GA 30303-3415, and to Framatome
ANP Lynchburg if the answer or hearing request is by a person other
than the licensee. Because of possible 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).\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. 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.
Dated this 6th day of February, 2003.
For the Nuclear Regulatory Commission:
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-4533 Filed 2-25-03; 8:45 am]
BILLING CODE 7590-01-P