[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Pages 52039-52040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19307]
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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.; Notice of Issuance of
Director's Decision Under 10 CFR 2.206
Notice is hereby given that the Director, Nuclear Reactor
Regulation, has issued a Director's Decision with regard to a Petition
dated April 23, 2003, filed by the Honorable Richard Blumenthal,
hereinafter referred to as the ``Petitioner.'' The Petition was
supplemented on June 3 and October 16, 2003. The Petition concerns the
operation of the Indian Point Nuclear Generating Unit Nos. 2 and 3 (IP2
and 3).
The Petition requested that the Nuclear Regulatory Commission (NRC)
take the following actions: (1) Order the licensee for IP2 and 3 to
conduct a full review of the facility's (a) vulnerabilities and
security measures and (b) evacuation plans and, pending such review,
suspend operations, revoke the operating license, or take other
measures resulting in a temporary shutdown of IP2 and 3; (2) require
the licensee to provide information documenting the existing security
measures which protect the IP facility 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 for the State of New York and the counties near the
plant to account for possible terrorist attacks; and (5) take prompt
action to permanently retire the facility if, after
[[Page 52040]]
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.
The Petitioner's representative participated in a teleconference
with the Petition Review Board (PRB) on June 19, 2003, to discuss the
Petition. This teleconference gave the Petitioner and the licensee an
opportunity to provide additional information and to clarify issues
raised in the Petition as supplemented. The results of this discussion
were considered in the PRB's determination regarding the request for
immediate action and in establishing the schedule for reviewing the
Petition.
In a letter dated July 3, 2003, the PRB notified the Petitioner
that it had determined that his request would be treated pursuant to 10
CFR 2.206 of the Commission's regulations. The July 3, 2003, letter
further stated: ``In response to your requests for immediate actions
contained in items 1, 2, 3, and 4 above, the NRC has, in effect,
partially granted your requests.''
The NRC sent a copy of the proposed Director's Decision to the
Petitioner and to Entergy Nuclear Operations, Inc. (the licensee), for
comment on May 17, 2004. The Petitioner responded with comments on June
18, 2004. The comments and the NRC staff's response to them are
included in the Director's Decision.
The Director of the Office of Nuclear Reactor Regulation has
determined that the NRC's actions have, in effect, partially granted
the Petitioner's request for an immediate review of vulnerabilities,
security measures, and evacuation and emergency response planning at
IP2 and 3. In addition, the NRC previously issued a Director's Decision
on November 18, 2002, which addresses many of the security measures and
emergency planning issues raised in this Petition. See Indian Point, 56
NRC at 300-311. No further action is deemed necessary to address the
Petitioner's request regarding these issues. Subsequent to that
November 18, 2002, Director's Decision, the NRC in its April 29, 2003,
Orders required IP and other plants to implement additional security
measures. Moreover, on July 25, 2003, the Federal Emergency Management
Agency (FEMA) determined that reasonable assurance existed that
appropriate protective measures to protect the health and safety of
communities around IP2 and 3 can be implemented in the event of a
radiological incident at the IP facility. See 68 FR 57702 (October 6,
2003). FEMA reaffirmed this position in a letter to the Petitioner
dated June 1, 2004. Consequently, the NRC denies the remainder of the
Petitioner's requests. The reasons for this decision are explained in
the Director's Decision pursuant to Title 10 of Code of Federal
Regulations (10 CFR) Section 2.206 (DD-04-03), the complete text of
which is available in ADAMS for inspection at the Commission's Public
Document Room, located at One White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and from
the ADAMS Public Library component on the NRC's Web site, http://www.nrc.gov/reading-rm.html (the Public Electronic Reading Room).
A copy of the Director's Decision will be filed with the Secretary
of the Commission for the Commission's review in accordance with 10 CFR
2.206 of the Commission's regulations. As provided for by this
regulation, the Director's Decision will constitute the final action of
the Commission 25 days after the date of the Decision unless the
Commission, on its own motion, institutes a review of the Director's
Decision in that time.
Dated at Rockville, Maryland, this 17th day of August 2004.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 04-19307 Filed 8-23-04; 8:45 am]
BILLING CODE 7590-01-P