[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Pages 47107-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20145]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143, License No. SNM-124 EA-03-132]
In the Matter of Nuclear Fuel Services, Inc., Erwin, TN;
Confirmatory Order Modifying License (Effective Immediately)
I
Nuclear Fuel Services, Inc., (NFS) is the holder of Special Nuclear
Material License No. SNM 124 issued by the U.S. Nuclear Regulatory (NRC
or Commission) pursuant to 10 CFR part 70. NFS 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 NFS license, originally issued on September 18, 1957, was
renewed on July 2, 1999, and is due to expire on July 31, 2009.
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 warranted 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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III
In February 2003, NRC issued Orders to Category III fuel cycle
licensees directing each licensee to implement interim compensatory
measures (ICMs) to enhance physical security at its facilities. NFS did
not receive an order at that time because an amendment authorizing
operation of a new Category III complex was still pending. In a letter
to NFS dated February 11, 2003, NRC provided a copy of the ICMs to NFS
for its information and use in designing the new complex. NFS responded
on March 25, 2003, indicating its intention to comply with the ICMs.
The Commission recognizes that some of the requirements set forth
in Attachment 1\2\ to this Order have already been initiated by NFS in
response to previously-issued advisories, or on its own \3\ and that
some measures have been tailored to specifically accommodate the
specific circumstances and characteristics existing at NFS's facility
to achieve the
[[Page 47108]]
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 NFS'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.
\3\ See letter from B. Marie Moore, Vice President, NFS, to Mary
T. Adams, NRC, dated July 3, 2003.
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By letter dated July 3, 2003, NFS consented to this Order with the
commitments as described in Section IV below. NFS further agreed in its
July 3, 2003, letter that this Order is to be effective upon issuance
and that it has waived its right to a hearing. Implementation of this
commitment provides enhanced assurance that sufficient resources will
be applied to the physical protection program.
I find that NFS' commitment as set forth in its letters of March 25
and July 3, 2003, is acceptable and necessary, and conclude that with
this commitment, the public health and safety, and common defense and
security, are reasonably assured. In view of the foregoing, I have
determined that the public health and safety, and common defense and
security, require that NFS' commitment be confirmed by this Order.
Based on the above and NFS' consent, this Order is immediately
effective upon issuance.
IV
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-124 is
modified as follows:
A. NFS shall, notwithstanding the provisions of any Commission
regulation or license to the contrary, comply with the requirements
described in Attachment 1 to this Order. NFS shall immediately start
implementation of the requirements in Attachment 1 to the Order and
shall complete implementation before the introduction of Category III
quantities of special nuclear material into the Blended Low-Enriched
Uranium Complex.
B. NFS shall report to the Commission when it has achieved full
compliance with the requirements described in Attachment 1.
C. 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.
NFS's response to Condition B above shall be submitted in
accordance with 10 CFR 70.5. In addition, NFS'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 NFS of good cause.
V
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within twenty (20) days of its
issuance. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time 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. Any 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 NFS.
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 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).
If a hearing is requested by 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.
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 IV 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 IV 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.
For the Nuclear Regulatory Commission.
Dated this 8th day of July, 2003.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-20145 Filed 8-6-03; 8:45 am]
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