[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26412-26413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10736]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-51 EA 04-081]


Entergy Nuclear Operations, Inc., Indian Point Nuclear Plant, 440 
Hamilton Avenue, White Plains, New York 10601; Order Modifying License 
(Effective Immediately)

I

    Entergy Nuclear Operations, Inc. (ENO) has been issued a general 
license by the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) authorizing storage of spent fuel in an independent spent 
fuel storage installation (ISFSI) in accordance with the Atomic Energy 
Act of 1954, 10 CFR Part 50, and 10 CFR Part 72. This Order is being 
issued to ENO who has identified near term plans to store spent fuel in 
an ISFSI under the general license provisions of 10 CFR Part 72. The 
Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) 
require ENO to maintain safeguards contingency plan procedures in 
accordance with 10 CFR Part 73, Appendix C. Specific safeguards 
requirements are contained in 10 CFR 73.55.

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 and other governmental agencies, the Commission 
has determined that certain compensatory measures are required to be 
implemented by licensees as prudent, interim measures, to address the 
current threat environment in a consistent manner throughout the 
nuclear ISFSI community. Therefore, the Commission is imposing 
requirements, as set forth in Attachment 1\1\ of this Order, on ENO who 
has indicated near term plans to store spent fuel in an ISFSI under the 
general license provisions of 10 CFR Part 72. These interim 
requirements, which supplement existing regulatory requirements, will 
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 also recognizes that some measures may not be 
possible or necessary, or may need to be tailored to accommodate the 
specific circumstances existing at ENO's facility to achieve the 
intended objectives and avoid any unforeseen effect on the safe storage 
of spent fuel.
    In order to provide assurance that licensees are implementing 
prudent measures to achieve a consistent level of protection to address 
the current threat environment, the Commission concludes that security 
measures must be embodied in an Order consistent with the established 
regulatory framework. ENO's general license issued pursuant to 10 CFR 
72.210 shall be modified to include the requirements identified in 
Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the 
Commission finds that in the circumstances described above, the

[[Page 26413]]

public health, safety and interest require that this Order be effective 
immediately.

III

    Accordingly, pursuant to Sections 103, 104, 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 Parts 50, 72 and 
73, it is hereby ordered, effective immediately, that your general 
license is modified as follows:
    A. ENO shall, notwithstanding the provisions of any Commission 
regulation or license to the contrary, comply with the requirements 
described in Attachment 1 to this Order except to the extent that a 
more stringent requirement is set forth in their security plan. ENO 
shall immediately start implementation of the requirements in 
Attachment 1 to the Order and shall complete implementation before 
spent fuel is initially placed in the ISFSI.
    B. 1. ENO shall, within twenty (20) days of the date of this Order, 
notify the Commission: (1) If they are unable to comply with any of the 
requirements described in Attachment 1, (2) if compliance with any of 
the requirements is unnecessary in their specific circumstances, or (3) 
if implementation of any of the requirements would cause the licensee 
to be in violation of the provisions of any Commission regulation or 
the facility license. The notification shall provide the licensee's 
justification for seeking relief from or variation of any specific 
requirement.
    2. If ENO considers that implementation of any of the requirements 
described in Attachment 1 to this Order would adversely impact the safe 
storage of spent fuel, ENO 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 facility to address the adverse safety condition. If neither 
approach is appropriate, ENO must supplement its response to Condition 
B.1 of this Order to identify the condition as a requirement with which 
it cannot comply, with attendant justifications as required in 
Condition B.1.
    C. 1. ENO 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. ENO shall report to the Commission when they have achieved full 
compliance with the requirements described in Attachment 1.
    D. Notwithstanding the provisions of 10 CFR 72.212(b)(5), all 
measures implemented or actions taken in response to this Order shall 
be maintained until the Commission determines otherwise.
    ENO's responses to Conditions B.1, B.2, C.1, and C.2, shall be 
submitted in accordance with 10 CFR 72.4. In addition, 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 ENO of good cause.

IV

    In accordance with 10 CFR 2.202, ENO 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 for NRC 
Region I; and to the licensee if the answer or hearing request is by a 
person other than the licensee. Because of potential 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 ENO 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 ENO 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 a hearing shall be whether this Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), ENO 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.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 7th day of May 2004.

Jack Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-10736 Filed 5-11-04; 8:45 am]
BILLING CODE 7590-01-P