[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Notices]
[Pages 41187-41188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17466]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286, License Nos. DPR-26 and DPR-64]


Entergy Nuclear Operations, Inc.; Receipt of Request for Action 
Under 10 CFR 2.206

    Notice is hereby given that by petition dated April 23, 2003, 
Richard Blumenthal, Attorney General for the State of Connecticut 
(petitioner) has requested that the U.S. Nuclear Regulatory Commission 
(NRC) take action with regard to Indian Point Nuclear Generating Unit 
Nos. 2 and 3. The petitioner requests that the NRC (1) order the 
licensee for the Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2 
and 3) to conduct a full review of the facility's vulnerabilities, 
security measures, and evacuation plans and to suspend operations, 
revoke the operating license, or adopt other measures resulting in a 
temporary shutdown of IP2 and 3; (2) require the licensee to provide 
information documenting the existing security measures which provide 
the Indian Point facility with protection against terrorist attacks; 
(3) immediately modify the IP2 and 3 operating licenses to mandate a 
defense and security system sufficient to protect the entire facility 
from a land- or water-based terrorist attack; (4) order the revision of 
the licensee's Emergency Response Plan and the Radiological Emergency 
Response Plans of the State of New York and the nearby counties to 
account for possible terrorist attacks; and (5) take prompt action to 
permanently retire the facility if, after conducting a full review of 
the facility's vulnerabilities, security measures, and evacuation 
plans, the NRC cannot sufficiently ensure the security of the IP 
facility against terrorist threats, or cannot ensure the safety of New 
York and Connecticut citizens in the event of an accident or terrorist 
attack.
    As the basis for this request, the petitioner states that (1) the 
IP Radiological Emergency Preparedness Plan (REPP) fails to adequately 
inform the public in the event of a radiological emergency and relies 
upon selective release of critical information and irrational and 
unenforceable secrecy; (2) the IP REPP fails to address voluntary 
evacuation as required by NRC guidance documents; (3) the IP REPP fails 
to address family separation in its analysis of evacuation times; (4) 
the IP REPP fails to meet requirements for protection of foodstuffs and 
drinking water in 50-mile ingestion exposure pathway emergency planning 
zone; (5) the evacuation travel time estimates for the IP REPP fail to 
meet NUREG-0654/FEMA-REP-1; (6) the IP REPP fails to address 
administering radioprotective drugs to general population; (7) the IP 
REPP does not adequately address the possibility of a terrorist attack; 
(8) IP and NRC personnel and resources confront ``dual challenges'' 
when ensuring security at an operational facility; (9) the spent fuel 
storage facility is vulnerable to terrorist attack; (10) the security 
forces at nuclear power plants have repeatedly failed to

[[Page 41188]]

repel mock terrorist attackers; and (11) catastrophic effects (illness 
and fatality data, economic loss data, and environmental consequences) 
will result from a terrorist attack on IP.
    The request is being treated pursuant to Title 10 of the Code of 
Federal Regulations (10 CFR) Section 2.206 of the Commission's 
regulations. The request has been referred to the Director of the 
Office of Nuclear Reactor Regulation. As provided by Section 2.206, 
appropriate action will be taken on this petition within a reasonable 
time. The petitioner participated in a teleconference with the Petition 
Review Board on June 19, 2003, to discuss the petition. The results of 
that discussion were considered in the board's determination regarding 
the petitioner's request for immediate action and in establishing the 
schedule for the review of the petition. By letter dated July 3, 2003, 
the Director partially granted the petitioner's requests for immediate 
action requested in items 1, 2, 3, and 4 above at the Indian Point 
Nuclear Generating Unit Nos. 2 and 3. A copy of the petition is 
available for inspection at the Commission's Public Document Room 
(PDR), located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible from the Agencywide Documents Access and 
Management System (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS, should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by 
e-mail to [email protected].

    Dated at Rockville, Maryland, this 3rd day of July 2003.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 03-17466 Filed 7-9-03; 8:45 am]
BILLING CODE 7590-01-P