[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52314-52317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19404]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. (as shown in Attachment 2) EA-03-097]


In the Matter of All Independent Spent Fuel Storage Installation 
Licensees Order Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order for implementation of additional security 
measures associated with access authorization.

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FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager, 
Licensing and Inspection Directorate, Spent Fuel Project Office, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Rockville, MD 20852. Telephone: (301) 415-4015; fax number: 
(301) 415-8555; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) 
is providing notice in the matter of all independent spent fuel storage 
installation licensees order modifying license (effective immediately).

II. Further Information

I

    The licensees identified in Attachment 2 to this Order hold 
licenses issued by the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) authorizing the operation of Independent Spent Fuel Storage 
Installation (ISFSI) facilities in accordance with the Atomic Energy 
Act of 1954 and Title 10 of the Code of Federal Regulations (10 CFR) 
part 50 and/or 10 CFR part 72. Commission regulations at 10 CFR 72.184 
and 10 CFR 72.212 require these licensees to have a safeguards 
contingency plan to respond to threats of radiological sabotage, and to 
protect the spent fuel against the threat of radiological sabotage.
    Inasmuch as an insider has an opportunity equal to or greater than 
any other person to commit radiological sabotage, the Commission has 
determined these measures to be prudent. This Order is being issued to 
all licensees who currently store spent fuel or have identified near 
term plans to store spent fuel in an ISFSI.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, N.Y., 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. On October 16, 2002, the 
Commission issued Orders to the licensees of operating independent 
spent fuel storage installations to put the actions taken in response 
to the Advisories in the established regulatory framework and to 
implement additional security enhancements which emerged from the NRC's 
ongoing comprehensive review. The Commission has also communicated with 
other Federal, State, 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 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
additional security measures are required 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 all licensees of these 
facilities. These 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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[[Page 52315]]

    The Commission recognizes that licensees may have already initiated 
many of the measures set forth in Attachment 1 to this Order in 
response to previously issued advisories, the October 2002 Order, or on 
their own. It also recognizes that some measures may not be possible or 
necessary at some sites, may need to be tailored to accommodate the 
specific circumstances existing at the licensee's facility to achieve 
the intended objectives and avoid any unforeseen effect on the safe 
storage of spent 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 public health 
and safety, the Commission concludes that these actions must be 
supplemented further because the current threat environment continues 
to persist. Therefore, it is appropriate to require certain additional 
security measures and these 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, licenses issued pursuant to 10 CFR 72.40 and 10 CFR 72.210 
to the licensees identified in Attachment 2 to this Order shall be 
modified to include the requirements identified in Attachment 1 to this 
Order. In addition, pursuant to 10 CFR 2.202, I find that in the 
circumstances described above, 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, 72 and 
73, it is hereby ordered, effective immediately, that all licenses 
identified in Attachment 2 to this order is 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 1 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 1 to the Order and shall complete 
implementation no later than 180 days from the date of this Order with 
the exception of the additional security measures B.4, which shall be 
implemented no later than 365 days from the date of this Order, or the 
first day that spent fuel is initially placed in the ISFSI, whichever 
is later.
    B. 1. The Licensee shall, within twenty (20) days of the date of 
this Order, notify the Commission, (1) if it is 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. Any licensee that considers that implementation of any of the 
requirements described in Attachment 1 to this Order would adversely 
impact the safe storage 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 1 requirements in question, or a schedule 
for modifying the facility to address the adverse safety condition. If 
neither approach is appropriate, the licensee 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 under Condition B.1.
    C. 1. All licensees shall, within twenty (20) days of this Order, 
submit to the Commission a schedule for achieving compliance with each 
requirement described in Attachment 1.
    2. All licensees 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 72.186 and 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. Licensee's response to Conditions B.1, B.2, C.1, and C.2, 
above shall be submitted in accordance with 10 CFR 72.4. 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 Material Safety and Safeguards, 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 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 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, 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 possible 
disruptions in delivery of mail to United States Government offices, it 
is requested that requests for a 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 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/her 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 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.

[[Page 52316]]

    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 grounds 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 this 18th day of August, 2004.

    For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.

Attachment 2 To Order Independent Spent Fuel Storage Installation 
Addressee List

    James E. Ellis, Manager, Morris Operation, General Electric 
Company, GE Morris Operation Plant, Docket No. 72-1, 7555 East Collins 
Road, Morris, IL 60450-9740.
    David A. Christian, Senior Vice President and Chief Nuclear 
Officer, Virginia Electric and Power Company, Surry Power Station, 
Units 1 and 2, Docket No. 72-2, Innsbrook Technical Center, 5000 
Dominion Boulevard, Glen Allen, VA 23060-6711.
    J. W. Moyer, Senior Vice President and Chief Nuclear Officer, 
Progress Energy, H. B. Robinson Steam Electric Plant, Unit 2, Docket 
No. 72-3,3581 West Entrance Road, Hartsville, NC 29550.
    Henry B. Barron, Group Vice President Nuclear Generation and Chief 
Nuclear Officer, Duke Power Company, Oconee Nuclear Station, Units 1, 2 
and 3, Docket No. 72-4, 526 South Church Street, EC07H, P.O Box 1006 
(28201-1006), Charlotte, NC 28202.
    John Paul Cowan, Executive Vice President and Chief Nuclear 
Officer, Nuclear Management Company, LLC, Point Beach Nuclear Plant, 
Units 1 and 2, Docket No. 72-5, 700 First Street, Hudson, WI 54016.
    John Paul Cowan, Executive Vice President and Chief Nuclear 
Officer, Nuclear Management Company, LLC, Palisades Nuclear Plant, 
Docket No. 72-7, 700 First Street, Hudson, WI 54016.
    George Vanderheyden, Vice President, Calvert Cliffs Nuclear Power 
Plant, Inc. Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Docket 
No. 72-8, 1650 Calvert Cliffs Parkway, Lusby, MD 20357-4702.
    Elizabeth D. Sellers, Manager, INEEL c/o Deeann Long-Security, U.S. 
DOE, Idaho Operations Office, South, Fort Saint Vrain Power Station, 
Docket No. 72-9, 785 DOE Place, Mailstop 1170, Idaho Falls, ID 83401-
1203,
    John Paul Cowan, Executive Vice President and Chief Nuclear 
Officer, Nuclear Management Company, LLC, Prairie Island Nuclear 
Generating Plant, Docket No. 72-10, 700 First Street, Hudson, WI 54016.
    Steve Redecker, Plant Manager, Rancho Seco Nuclear Generating 
Station, Sacramento Municipal Utility District, Rancho Seco Nuclear 
Generating Station, Docket No. 72-11, 14440 Twin Cities Road, Herald, 
CA 95638-9799,
    Michael Kansler, President, Entergy Nuclear Operations, Inc. James 
A. FitzPatrick Nuclear Power Plant, Docket No. 72-12, 440 Hamilton 
Avenue, White Plains, NY 10601.
    Jeffrey S. Forbes, Site Vice President, Entergy Nuclear Operations, 
Inc., Arkansas Nuclear One, Units 1 and 2, Docket No. 72-13, 1448 S. R. 
333, Russelville, AR 72802.
    Gary Leidich, Vice President, First Energy, Davis-Besse Nuclear 
Power Station, Docket No. 72-14, 76 S. Main Street, Akron, OH 44308.
    Christopher M. Crane, President and Chief Nuclear Officer, Exelon 
Generation Company, LLC, Oyster Creek Nuclear Generating Station, 
Docket No. 72-15, 4300 Winfield Road, Warrenville, IL 60555.
    David A. Christian, Senior Vice President and Chief Nuclear 
Officer, Virginia Electric and Power Company, North Anna Power Station, 
Docket No. 72-16, Innsbrook Technical Center, 5000 Dominion Boulevard, 
Glen Allen, VA 23060-6711.
    Stephen M. Quennoz, Vice President Power Supply Generation, 
Portland General Electric Company, Trojan Nuclear Power Plant, Docket 
No. 72-17, 121 South West Salmon Street, Portland, OR 97204.
    Elizabeth D. Sellers, Manager, INEEL, c/o Deeann Long-Security, US 
DOE, Idaho Operations Office, South, Three Mile Island Power Station, 
Unit 2, Docket No. 72-20, 785 DOE Place, Mailstop 1170, Idaho Falls, ID 
83401-1203.
    Bryce L. Shriver, Senior Vice President and CNO, Susquehanna Steam 
Electric Company, Susquehanna Steam Electric Station, Units 1 and 2, 
Docket No. 72-28, 2 North Ninth Street, Allentown, PA 18101.
    Christopher M. Crane, President and CNO, Exelon Generation Company, 
LLC, Peach Bottom Atomic Power Station, Units 2 and 3, Docket No. 72-
29, 4300 Winfield Road, Warrenville, IL 60555.
    Michael Meisner, Chief Nuclear Officer, Maine Yankee Atomic Power 
Company, Maine Yankee Atomic Power Station, Docket No. 72-30, 321 Old 
Ferry Road, Wiscasset, ME 04578-4922.
    Richard Kackick, Chief Nuclear Officer, Yankee Atomic Electric 
Company, Yankee Rowe Nuclear Power Station, Docket No. 72-31, 19 
Midstate Drive, Suite 200, Auburn, MA 01501.
    John Paul Cowan, Executive Vice President and Chief Nuclear 
Officer, Nuclear Management Company, LLC, Duane Arnold Energy Center, 
Docket No. 72-32, 700 First Street, Hudson, WI 54016.
    Karl Singer, Chief Nuclear Officer, Tennessee Valley Authority, 
Sequoyah Nuclear Plant, Units 1 and 2, Docket No. 72-34, 1101 Market 
Street 6A Lookout Place, Chattanooga, TN 37402-2801.
    J.V. Parrish, Chief Nuclear Officer, Energy Northwest MD 1023, 
Columbia Generating Station, Docket No. 72-35, Snake River Warehouse 
North Power Loop, Richland, WA 99352.
    Louis Sumner, Site Vice President, Southern Nuclear Operating 
Company, Edwin I. Hatch Nuclear Plant, Units 1 and 2, Docket No. 72-36, 
40 Inverness Center Parkway, Birmingham, AL 35242.
    Christopher M. Crane, President and Chief Nuclear Officer, Exelon 
Generation Company, LLC, Dresden Nuclear Power Station, Units 2 and 3, 
Docket No. 72-37, 4300 Winfield Road, Warrenville, IL 60555.
    Henry B. Barron, Group Vice President Nuclear Generation and Chief 
Nuclear Officer, Duke Power Company, William B. McGuire Nuclear 
Station, Units 1 and 2, Docket No. 72-38, 526 South Church Street, 
EC07H, P.O Box 1006 (28201-1006), Charlotte, NC 28202.
    Wayne A. Norton, President, Connecticut Yankee Atomic Power 
Company, Haddam Neck Nuclear Plant, Docket No. 72-39, 362 Injun Hollow 
Road, East Hampton, CT 06424-3099.
    Henry B. Barron, Group Vice President Nuclear Generation and Chief 
Nuclear Officer, Duke Power Company, Oconee Nuclear Station, Docket No. 
72-40, 526 South Church Street, EC07H, P.O Box 1006 (28201-1006), 
Charlotte, NC 28202.
    Harold B. Ray, Executive Vice President, Southern California 
Edison,

[[Page 52317]]

San Onofre Nuclear Station, Units 2 and 3, Docket No. 72-41, 8631 Rush 
Street, Rosemead, CA 91770.
    Mike Stinson, Site Vice President, Southern Nuclear Operating 
Company, Joseph M. Farley Nuclear Plant, Units 1 and 2, Docket No. 72-
42, 40 Inverness Center Parkway, Birmingham, AL 35242.
    Robert A. Fenech, Senior Vice President, Nuclear, Fossil, and Hydro 
Operations, Consumer Energy Company, Big Rock Point Restoration Site, 
Docket No. 72-43, 1945 W. Parnell Road, Jackson, MI 49201.
    Gregg R. Overbeck, Senior Vice President, Arizona Public Service 
Company, Palo Verde Nuclear Generating Station, Units 1, 2 and 3, 
Docket No. 72-44, 5801 South Wintersburg Road Mail Station 7602, 
Tonopah, AZ 85354-7529.
    David A. Christian, Senior Vice President, Chief Nuclear Officer, 
Virginia Electric and Power Company, Millstone Power Station, Units 2 
and 3, Docket No. 72-47, Innsbrook Technical Center, 5000 Dominion 
Boulevard, Glen Allen, VA 23060-6711.
    Paul Hinnenkamp, Vice President Operations, Entergy Operations, 
Inc., River Bend Station, Unit 1, Docket No. 72-49, 5485 U.S. Highway 
61, St. Francisville, LA 70775.
    Michael Kansler, President, Entergy Nuclear Operations, Indian 
Point Nuclear Generating Station, Units 2 and 3, Docket No. 72-51, 440 
Hamilton Avenue, White Plains, NY 10601.
    Karl Singer, Chief Nuclear Officer, Tennessee Valley Authority, 
Browns Ferry Nuclear Plant, Units 1, 2 and 3, Docket No. 72-52, 1101 
Market Street 6A Lookout Place, Chattanooga, TN 37402-2801.

[FR Doc. 04-19404 Filed 8-24-04; 8:45 am]
BILLING CODE 7590-01-P