[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8938-8939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4534]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1257; License No. SNM-1227]
In the Matter of Framatome Advanced Nuclear Power, Inc.,
Richland, Washington; Order Modifying License (Effective Immediately)
I
Framatome Advanced Nuclear Power, Inc. (Framatome ANP) Richland is
the holder of Special Nuclear Material License No. SNM 1227 issued by
the U.S. Nuclear Regulatory (NRC or Commission) pursuant to 10 CFR part
70. Framatome ANP Richland is authorized by their license to receive,
possess, and transfer special nuclear material in accordance with the
Atomic Energy Act of 1954, as amended, and 10 CFR part 70. The
Framatome ANP Richland license, originally issued on December 14, 1970,
was last renewed on November 15, 1996, and is due to expire on November
30, 2006.
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 Framatome ANP
Richland 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 Richland 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 Richland'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 Richland'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 Richland'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
Richland is implementing prudent measures to achieve an adequate level
of protection to address the current threat environment, Materials
License SNM-1227 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.
[[Page 8939]]
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-1227
is modified as follows:
A. Framatome ANP Richland shall, notwithstanding the provisions of
any Commission regulation to the contrary, comply with the requirements
described in Attachment 1 to this Order. Framatome ANP Richland 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 Richland shall, within 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 Richland to be in violation of the provisions
of any Commission regulation or its license. The notification shall
provide Framatome ANP Richland's justification for seeking relief from
or variation of any specific requirement.
2. If Framatome ANP Richland 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 Richland
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 1 requirement
in question, or a schedule for modifying the facilities to address the
adverse safety condition. If neither approach is appropriate, Framatome
ANP Richland 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 Richland 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 1.
2. Framatome ANP Richland 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 Richland'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 Richland'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 Richland 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, 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 IV, 611 Ryan Plaza Drive,
Suite 400, Arlington, TX 76011-8064, and to Framatome ANP Richland if
the answer or hearing request is by a person other than Framatome ANP
Richland. 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 Framatome ANP Richland 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), Framatome ANP Richland may, in
addition to demanding a hearing, at the time the answer is filed or
sooner, move 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.
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. 03-4534 Filed 2-25-03; 8:45 am]
BILLING CODE 7590-01-P