[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