[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12246-12248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4794]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1004 and 72-1027; EA-05-045]


In the Matter of Transnuclear, Inc., and All Other Persons Who 
Obtain Safeguards Information Described Herein

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order imposing requirements for the protection of 
certain safeguards information.

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FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager, 
Licensing and Inspection Directorate, Spent Fuel Project Office, Office 
of

[[Page 12247]]

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

    In accordance with the Atomic Energy Act of 1954 and 10 CFR part 
72, Transnuclear, Inc., (Transnuclear) holds Certificate of Compliance 
No. 1004 for the Model No. NUHOMS[reg]-32PT storage cask and 
Certificate of Compliance No. 1027 for the Model No. TN-68 storage 
cask. In a phone call on January 27, 2005, Transnuclear agreed to meet 
with the U.S. Nuclear Regulatory Commission (NRC) staff with Safeguards 
Information security measures in place. The purpose of the meeting(s) 
is to discuss the NRC's engineering evaluations performed to evaluate 
the safety and security of an array of NUHOMS[reg]-32PT and an array of 
TN-68 storage casks. The meeting(s) will be closed to the public.
    Following the September 11, 2001, simultaneous terrorist events at 
the World Trade Center (WTC) in New York City and at the Pentagon in 
Virginia, the U.S. Government issued a nationwide alert for the 
potential of additional terrorist acts within the United States. The 
NRC initiated a comprehensive review of all NRC-licensed activities to 
evaluate those activities against threats. As part of that review, U.S. 
Nuclear Regulatory Commission initiated an engineering study to assess 
the consequences of a terrorist event, similar in magnitude to the WTC 
and Pentagon, on spent nuclear fuel transportation packages and storage 
casks. The NRC staff intends to discuss specific information on the 
engineering evaluations performed for the NUHOMS[reg]-32PT and the TN-
68 storage casks with Transnuclear. However, the Commission has 
determined that the material to be discussed at the meeting(s) is 
Safeguards Information, will not be released to the public, and must be 
protected from unauthorized disclosure. Therefore, the Commission is 
imposing the requirements, as set forth in 10 CFR 73.21, so that 
Transnuclear can receive this information for review and comment at the 
closed meeting. This Order also imposes requirements for the protection 
of Safeguards Information in the hands of any person,\1\ whether or not 
a Licensee of the Commission, who produces, receives, or acquires 
Safeguards Information.
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    \1\ Person means (1) any individual, corporation, partnership, 
firm, association, trust, estate, public or private institution, 
group, government agency other than the Commission or the 
Department, except that the Department shall be considered a person 
with respect to those facilities of the Department specified in 
section 202 of the Energy Reorganization Act of 1974 (88 Stat. 
1244), any State or any political subdivision of, or any political 
entity within a State, any foreign government or nation or any 
political subdivision of any such government or nation, or other 
entity; and (2) any legal successor, representative, agent, or 
agency of the foregoing.
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II

    The Commission has broad statutory authority to protect and 
prohibit the unauthorized disclosure of Safeguards Information. Section 
147 of the Atomic Energy Act of 1954, as amended, grants the Commission 
explicit authority to ``issue such orders, as necessary to prohibit the 
unauthorized disclosure of safeguards information * * *''. This 
authority extends to information concerning special nuclear material, 
source material, and byproduct material, as well as production and 
utilization facilities. Licensees and all persons who produce, receive, 
or acquire Safeguards Information must ensure proper handling and 
protection of Safeguards Information to avoid unauthorized disclosure 
in accordance with the specific requirements for the protection of 
Safeguards Information as contained in 10 CFR 73.21. The Commission 
hereby provides notice that it intends to treat all violations of the 
requirements contained in 10 CFR 73.21, applicable to the handling and 
unauthorized disclosure of Safeguards Information, as serious breaches 
of adequate protection of the public health and safety and the common 
defense and security of the United States. Access to Safeguards 
Information is limited to those persons who have established the need-
to-know the information, and are considered to be trustworthy and 
reliable. A need-to-know means a determination by a person having 
responsibility for protecting Safeguards Information that a proposed 
recipient's access to Safeguards Information is necessary in the 
performance of official, contractual, or duties of employment. 
Licensees and all other persons who obtain Safeguards Information must 
ensure that they develop, maintain and implement strict policies and 
procedures for the proper handling of Safeguards Information to prevent 
unauthorized disclosure, in accordance with the requirements in 10 CFR 
73.21. Transnuclear must ensure that all contractors whose employees 
may have access to Safeguards Information either adhere to the 
licensee's policies and procedures on Safeguards Information or 
develop, maintain and implement their own acceptable policies and 
procedures. Transnuclear remains responsible for the conduct of their 
contractors. The policies and procedures necessary to ensure compliance 
with applicable requirements contained in 10 CFR 73.21 must address, at 
a minimum, the following: The general performance requirement that each 
person who produces, receives, or acquires Safeguards Information shall 
ensure that Safeguards Information is protected against unauthorized 
disclosure; protection of Safeguards Information at fixed sites, in use 
and in storage, and while in transit; correspondence containing 
Safeguards Information; access to Safeguards Information; preparation, 
marking, reproduction and destruction of documents; external 
transmission of documents; use of automatic data processing systems; 
and removal of the Safeguards Information category.
    In order to provide assurance that Transnuclear is implementing 
prudent measures to achieve a consistent level of protection, to 
prohibit the unauthorized disclosure of Safeguards Information, 
Transnuclear shall implement the requirements identified in 10 CFR 
73.21. The Commission recognizes that Transnuclear may have already 
initiated many of the measures set forth in 10 CFR 73.21 to this Order 
for handling of Safeguards Information in conjunction with a previous 
NRC Order. In addition, pursuant to 10 CFR 2.202, I find that in light 
of the common defense and security matters identified above, which 
warrant the issuance of this Order, the public health, safety and 
interest require that this Order be effective immediately.

III

    Accordingly, pursuant to Sections 53, 57, 62, 63, 81, 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 part 72, it is 
hereby ordered, effective immediately, that Transnuclear, Inc., and all 
other persons who produce, receive, or acquire the safeguards 
information described above, and any related safeguards information, 
shall comply with the requirements of 10 CFR 73.21.
    The Director, Office of Nuclear Materials Safety and Safeguards, 
may in writing, relax or rescind any of the above conditions upon 
demonstration by the licensee.

IV

    In accordance with 10 CFR 2.202, Transnuclear must, and any other 
person adversely affected by this Order

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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 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. Any 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, and to 
Transnuclear if the hearing request is by a person other than 
Transnuclear. Because of possible disruptions in delivery of mail to 
United States Government offices, it is requested that 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 Transnuclear 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 Transnuclear 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), Transnuclear 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. A request for hearing shall not stay the immediate 
effectiveness of this Order.

    Dated this 3rd day of March, 2005.

    For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 05-4794 Filed 3-10-05; 8:45 am]
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