[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25116-25117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2348]
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NUCLEAR REGULATORY COMMISSION
[EA-05-084]
In the Matter of Duke Energy Corporation, Catawba Nuclear
Station, Independent Spent Fuel Storage Installation, Order Modifying
License (Effective Immediately)
ACTION: Issuance of Order for Implementation of Interim Safeguards and
Security Compensatory Measures.
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I. Introduction
Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC)
is providing notice in the matter of Catawba Nuclear Station
Independent Spent Fuel Storage Installation Order Modifying License
(Effective Immediately).
II. Further Information
Duke Energy Corporation (Duke Energy) has been issued a general
license by the U.S. Nuclear Regulatory Commission (NRC or the
Commission) authorizing storage of spent fuel in an independent spent
fuel storage installation (ISFSI) in accordance with the Atomic Energy
Act of 1954, 10 CFR Part 50, and 10 CFR Part 72. This Order is being
issued to Duke Energy who has identified near-term plans to store spent
fuel in an ISFSI under the general license provisions of 10 CFR Part
72. The Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR
73.55(h)(1) require Duke Energy to maintain safeguards contingency plan
procedures in accordance with 10 CFR Part 73, Appendix C. Specific
safeguards requirements are contained in 10 CFR 73.55.
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. 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 licensees 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 Duke
Energy who has indicated near-term plans to store spent fuel in an
ISFSI under the general license 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 Duke Energy'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 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. Duke Energy'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 effective
immediately.
III
Accordingly, pursuant to Sections 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. Duke Energy 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. Duke Energy shall immediately start implementation of the
requirements in Attachment 1 to the Order and shall complete
implementation before October 31, 2005, or the first day that spent
fuel is initially placed in the ISFSI, whichever is later.
B.1. Duke Energy shall, within twenty (20) days of the date of this
Order, notify the Commission: (1) If they are 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. If Duke Energy considers that implementation of any of the
requirements described in Attachment 1 to this Order would adversely
impact the safe storage of spent fuel, Duke Energy must notify the
Commission, within twenty (20) days of this Order, of
[[Page 25117]]
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(s) in question, or a schedule for modifying the facility to
address the adverse safety condition. If neither approach is
appropriate, Duke Energy 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. Duke Energy 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. Duke Energy 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 72.212(b)(5), all
measures implemented or actions taken in response to this Order shall
be maintained until the Commission determines otherwise.
Duke Energy's responses 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 Duke Energy of good cause.
In accordance with 10 CFR 2.202, Duke Energy 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 II at 61 Forsyth Street, SW.,
Suite 23T85, Atlanta, GA 30303-8931; 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 Duke Energy 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 Duke Energy 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 a hearing shall be whether this Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), Duke Energy 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. E5-2348 Filed 5-11-05; 8:45 am]
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