[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35462-35464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3175]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos: (Redacted), License Nos: (Redacted), EA (Redacted)]


In the Matter of Certain Power Reactor Licensees and Research 
Reactor Licensees Who Transport Spent Nuclear Fuel; Order Modifying 
License (Effective Immediately)

I.

    The licensees identified in Attachment 1 to this Order have been 
issued a specific license by the U.S. Nuclear Regulatory Commission 
(NRC or Commission) authorizing the possession of spent nuclear fuel 
and a general license authorizing the transportation of spent nuclear 
fuel [in a transportation package approved by the Commission] in 
accordance with the Atomic Energy Act of 1954, as amended,

[[Page 35463]]

and 10 CFR Parts 50 and 71. This Order is being issued to all such 
licensees who transport spent nuclear fuel. Commission regulations for 
the shipment of spent nuclear fuel at 10 CFR 73.37(a) require these 
licensees to maintain a physical protection system that meets the 
requirements contained in 10 CFR 73.37(b), (c), (d), and (e).

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 or regulated activity. 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, the Commission has determined that certain 
additional security measures are required to be implemented by 
licensees as prudent, interim measures, to address the current threat 
environment in a consistent manner. Therefore, the Commission is 
imposing requirements, as set forth in Attachment 2 of this Order, on 
all licensees identified in Attachment 1 of this Order.\1\ These 
additional security requirements, which supplement existing regulatory 
requirements, will provide the Commission with reasonable assurance 
that the 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\ Attachments 1 and 2 contain 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 2 to this Order in 
response to previously issued Safeguards and Threat Advisories or on 
their own. It is also recognized that some measures may not be possible 
or necessary for all shipments of spent nuclear fuel, or may need to be 
tailored to accommodate the licensees' specific circumstances to 
achieve the intended objectives and avoid any unforeseen effect on the 
safe transport of spent nuclear 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 common 
defense and security, in light of the current threat environment, the 
Commission concludes that the security 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, all licenses identified in Attachment 1 to this Order 
shall be modified to include the requirements identified in Attachment 
2 to this Order. In addition, pursuant to 10 CFR 2.202, and in light of 
the common defense and security matters identified above which warrant 
the issuance of this Order, the Commission finds that 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 and 71, it 
is hereby ordered, effective immediately, that all licenses identified 
in attachment 1 to this order are 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 2 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 2 to the Order and shall complete 
implementation by July 10, 2005, unless otherwise specified in 
Attachment 2, or before the first shipment after July 10, 2005, 
whichever is earlier.
    B. 1. All licensees 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 2, (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 2 to this Order would adversely 
impact the safe transport 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 2 requirement in question, or a schedule 
for modifying the activity to address the adverse safety condition. If 
neither approach is appropriate, the licensee must supplement its 
response to Condition B1 of this Order to identify the condition as a 
requirement with which it cannot comply, with attendant justifications 
as required in Condition B1.
    C. 1. All licensees 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 2.
    2. All licensees shall report to the Commission when they have 
achieved full compliance with the requirements described in Attachment 
2.
    D. Notwithstanding any provisions of the Commission's regulations 
to the contrary, all measures implemented or actions taken in response 
to this Order shall be maintained until the Commission determines 
otherwise.
    Licensee responses to Conditions B1, B2, C1, and C2 above, shall be 
submitted to the NRC to the attention of the Director, Office of 
Nuclear Reactor Regulation under 10 CFR 50.4. 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 Reactor Regulation, 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

[[Page 35464]]

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 Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, 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 
20555-0001. Copies also shall be sent to the Director, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, 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 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 the Licensee 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), 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 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 at Rockville, Maryland, this 10th day of June 2005.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3175 Filed 6-17-05; 8:45 am]
BILLING CODE 7590-01-P