[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Notices]
[Pages 42071-42073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15789]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos: (Redacted), License Nos: (Redacted), EA (Redacted)]
In the Matter of All Power Reactor Licensees and Research Reactor
Licensees Who Transport Spent Nuclear Fuel; Order Modifying License
(Effective Immediately)
I
The licensees identified in Attachment 1 to this Order have been
issued a specific license by the U.S. Nuclear Regulatory Commission
(NRC or Commission) authorizing the possession of spent nuclear fuel
and a general license authorizing the
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transportation of spent nuclear fuel (in a transportation package
approved by the Commission) in accordance with the Atomic Energy Act of
1954, as amended, and 10 CFR parts 50 and 71. This Order is being
issued to all such licensees who transport spent nuclear fuel.
Commission regulations for the shipment of spent nuclear fuel at 10 CFR
73.37(a) require these licensees to maintain a physical protection
system that meets the requirements contained in 10 CFR 73.37(b), (c),
(d), and (e).
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 or regulated activity. 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 licensees as
prudent, interim measures, to address the current threat environment in
a consistent manner. Therefore, the Commission is imposing
requirements, as set forth in Attachment 2 of this Order, on all
licensees identified in Attachment 1 of this Order.\1\ These
compensatory requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the 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\ Attachments 1 and 2 contain Safeguards Information and will
not be released to the public.
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The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachment 2 to this Order in
response to previously issued Safeguards and Threat Advisories or on
their own. It is also recognized that some measures may not be possible
or necessary for all shipments of spent nuclear fuel, or may need to be
tailored to accommodate the licensees' specific circumstances to
achieve the intended objectives and avoid any unforeseen effect on the
safe transport of spent nuclear fuel.
Although the additional security measures implemented by licensees
in response to the Safeguards and Threat Advisories have been adequate
to provide reasonable assurance of adequate protection of common
defense and security, 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 licensees are implementing prudent measures to
achieve a consistent level of protection to address the current threat
environment, all licenses identified in Attachment 1 to this Order
shall be modified to include the requirements identified in Attachment
2 to this Order. In addition, pursuant to 10 CFR 2.202, and in light of
the common defense and security matters identified above which warrant
the issuance of this Order, the Commission finds that the public
health, safety, and interest require that this Order be immediately
effective.
III
Accordingly, pursuant to sections 53, 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 and 71, it
is hereby ordered, effective immediately, that all licenses identified
in Attachment 1 to this order are modified as follows:
A. All Licensees shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment 2 to this Order except to the
extent that a more stringent requirement is set forth in the Licensee's
security plan. The Licensees shall immediately start implementation of
the requirements in Attachment 2 to the Order and shall complete
implementation by August 1, 2004, unless otherwise specified in
Attachment 2, or before the first shipment after July 2, 2004,
whichever is earlier.
B.1. All Licensees 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 2, (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. Any Licensee that considers that implementation of any of the
requirements described in Attachment 2 to this Order would adversely
impact the safe transport of spent fuel 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 2 requirement in question, or a schedule
for modifying the activity to address the adverse safety condition. If
neither approach is appropriate, the Licensee 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. All Licensees 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 2.
2. All Licensees shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
2.
D. Notwithstanding any provisions 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.
Licensee responses to Conditions B1, B2, C1, and C2 above, shall be
submitted to the NRC to the attention of the Director, Office of
Nuclear Reactor Regulation under 10 CFR 50.4. In addition, Licensee
submittals that contain Safeguards Information shall be properly marked
and handled in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Reactor Regulation, may, in
writing, relax or rescind any of the above conditions upon
demonstration by the Licensee 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
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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 Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, 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 20555-0001. Copies
also shall be sent to the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address; to the Regional Administrator for NRC
Region I, II, III, or IV, as appropriate for the specific facility; 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 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 requirements set forth in 10 CFR 2.309.
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 in Rockville, Maryland, this 2nd day of July, 2004.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 04-15789 Filed 7-12-04; 8:45 am]
BILLING CODE 7590-01-P