[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8940-8941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4536]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1113; License No. SNM-1097]


Global Nuclear Fuel--Americas, LLC, Wilmington, NC; Order 
Modifying License (Effective Immediately)

I

    Global Nuclear Fuel--Americas, LLC (Global Nuclear) is the holder 
of Special Nuclear Material License No. SNM 1097 issued by the U.S. 
Nuclear Regulatory (NRC or Commission) pursuant to 10 CFR Part 70. 
Global Nuclear 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 Global Nuclear 
license, originally issued in January 1969, was last renewed in June 
1997, and due to expire in June 2007.

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 Global Nuclear 
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 
Global Nuclear 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 Global Nuclear'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 Global 
Nuclear'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 Global Nuclear'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 Global Nuclear 
is implementing prudent measures to achieve an adequate level of 
protection to address the current threat environment, Materials License 
SNM-1097 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-1097 
is modified as follows:
    A. Global Nuclear shall, notwithstanding the provisions of any 
Commission regulation to the contrary, comply with the requirements 
described in Attachment 1 to this Order. Global Nuclear 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. Global Nuclear 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 Global Nuclear to be in violation of the provisions of any 
Commission regulation or its license. The notification shall provide 
Global Nuclear's justification for seeking relief from or variation of 
any specific requirement.
    2. If Global Nuclear considers that implementation of any of the 
requirements described in Attachment 1 to this Order would adversely 
impact safe operation of its facility, Global Nuclear 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, Global Nuclear 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. Global Nuclear 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. Global Nuclear 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.
    Global Nuclear's responses to Conditions B.1, B.2, C.1, and C.2, 
above shall be submitted in accordance with 10 CFR Sec.  70.5. In 
addition, Global Nuclear's submittals that contain safeguards 
information shall be properly marked and handled in accordance with 10 
CFR Sec.  73.21.
    The Director, Office of Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the

[[Page 8941]]

above conditions upon demonstration by Global Nuclear 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 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 Global Nuclear 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. 03-4536 Filed 2-25-03; 8:45 am]
BILLING CODE 7590-01-P