[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25119-25121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2342]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26; License No. SNM-2511; EA-05-089]


In the Matter of Pacific Gas and Electric Diablo Canyon Nuclear 
Power Plant Independent Spent Fuel Storage Installation 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 Diablo Canyon Nuclear Power Plant 
Independent Spent Fuel Storage Installation Order Modifying License 
(Effective Immediately).

II. Further Information

    I. Pacific Gas and Electric (PG&E) holds a license issued by the 
U.S. Nuclear Regulatory Commission (NRC or the Commission) authorizing 
the operation of an Independent Spent Fuel Storage Installation (ISFSI) 
in accordance with the Atomic Energy Act of 1954 and title 10 of the 
Code of Federal Regulations (10 CFR) part 50 and 10 CFR part 72. 
Commission regulations at 10 CFR 72.184 require PG&E 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 has been 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, 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. On October 16, 2002, the 
Commission issued Orders to the licensees of operating ISFSIs 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, 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 
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

[[Page 25120]]

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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    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, or 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 PG&E is implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, PG&E'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 light of the common defense and security 
matters 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 your general 
license is modified as follows:
    A. PG&E 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 PG&E's security plan. 
PG&E shall immediately start implementation of the requirements in 
Attachment 1 to the Order and shall complete implementation no later 
than October 31, 2005, with the exception of the additional security 
measures B.4, which shall be implemented no later than May 2, 2006, or 
the first day that spent fuel is initially placed in the ISFSI, 
whichever is later.
    B.1. PG&E 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 PG&E to be in 
violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide PG&E's justification 
for seeking relief from or variation of any specific requirement.
    2. If PG&E considers that implementation of any of the requirements 
described in Attachment 1 to this Order would adversely impact the safe 
storage of spent fuel, PG&E 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, PG&E 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. PG&E 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. PG&E 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, all measures 
implemented or actions taken in response to this Order shall be 
maintained until the Commission determines otherwise.
    PG&E'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, 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 PG&E of good cause.
    IV. In accordance with 10 CFR 2.202, PG&E 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, and 
the Director, Office of Enforcement, 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 Director, Office of Enforcement at the same address; to 
the Assistant General Counsel for Materials Litigation and Enforcement 
at the same address, to the Regional Administrator for NRC Region IV at 
611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-4005; 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 PG&E requests a

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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 PG&E 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), PG&E 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 5th day of May 2005.

    For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-2342 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P