[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25121-25122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2344]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-26; License No. SNM-2511; EA-05-088]


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 interim safeguards and 
security compensatory measures.

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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 or the Licensee) holds a site-
specific license issued by the U.S. Nuclear Regulatory Commission (NRC 
or Commission) authorizing storage of spent fuel in an independent 
spent fuel storage installation (ISFSI) in accordance with the Atomic 
Energy Act of 1954 and 10 CFR Part 72. This Order is being issued to 
PG&E who has identified near term plans to store spent fuel in an ISFSI 
under the site specific license provisions of 10 CFR Part 72. The 
Commission regulations at 10 CFR 72.184(b) require the licensee to 
maintain safeguards contingency plan procedures in accordance with 10 
CFR Part 73, Appendix C. Specific safeguards requirements are contained 
in 10 CFR Part 73.
    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. 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 and other governmental agencies, the Commission 
has determined that certain compensatory measures are required to be 
implemented by the Licensee as prudent, interim measures 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 PG&E 
who has indicated near term plans to store spent fuel in an ISFSI under 
their site-specific license issued under the provisions of 10 CFR Part 
72. These interim 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 some measures may not be possible or 
necessary, or may need to be tailored to accommodate the specific 
circumstances existing at PG&E's facility to achieve the intended 
objectives and avoid any unforeseen effect on the safe storage of spent 
fuel.
    In order to provide assurance that the licensees are implementing 
prudent measures to achieve a consistent level of protection to address 
the current threat environment, the Commission concludes that security 
measures must be embodied in an Order consistent with the established 
regulatory framework. PG&E's License No. SNM-2511 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 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 72 and 73, it 
is hereby ordered, effective immediately, that the license identified 
in this order 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 their security plan. PG&E 
shall immediately start implementation of the requirements in 
Attachment 1 to the Order and shall

[[Page 25122]]

complete implementation before October 31, 2005, 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 its 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 licensee'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 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 requirement in question or a schedule for modifying 
the facility to address the adverse safety condition. If neither 
approach is appropriate, the 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 
in Condition B.1.
    C.1. PG&E 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 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, 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 the Licensee 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 or request a hearing 
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 
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 PG&E 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 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), 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 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 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. E5-2344 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P