[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Notices]
[Pages 69361-69362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6269]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Nuclear Security Coalition; Boiling-Water Reactors of Mark I and 
II Design; Notice of Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear Reactor 
Regulation, has issued a Director's Decision with regard to a Petition 
dated August 10, 2004, filed by the Nuclear Security Coalition (the 
Petitioner, comprised of 45 independent organizations), pursuant to 
section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR). 
The Petition was supplemented by Paul Gunter of the Nuclear Information 
and Resource Service, an organization which is a member of the Nuclear 
Security Coalition, on November 29, 2004; December 6, 2004; March 15, 
2005; March 28, 2005; April 12, 2005; and April 19, 2005. The 
Petitioner requested that the NRC take the following actions: (1) Issue 
a demand for information to the licensees for all Mark I and II 
boiling-water reactors (BWRs) and conduct a 6-month study of options 
for addressing structural vulnerabilities; (2) present the findings of 
the study at a national conference attended by all interested 
stakeholders, providing for transcribed comments and questions; (3) 
develop a comprehensive plan that accounts for stakeholder concerns and 
addresses structural vulnerabilities of all Mark I and II BWRs within a 
12-month period; (4) issue orders to the licensees for all Mark I and 
II BWRs compelling incorporation of a comprehensive set of protective 
measures, including structural protections; and (5) make future 
operation of each Mark I and II BWR contingent on addressing their 
structural vulnerability with participation and oversight by a panel of 
local stakeholders.
    In a letter dated October 19, 2004, the NRC informed the Petitioner 
that the issues in the Petition were accepted for review under 10 CFR 
2.206 and had been referred to the Office of Nuclear Reactor Regulation 
for appropriate action. A copy of the acknowledgment letter is publicly 
available in the NRC's Agencywide Documents Access and Management 
System (ADAMS) under Accession No. ML042860465. A copy of the Petition 
is publicly available in ADAMS under Accession No. ML042370023.
    The Petitioners' representatives met with NRC staff on September 
23, 2004, to provide additional details in support of this request. 
This meeting was transcribed and the meeting summary with the 
transcript attached is publicly available in ADAMS under Accession No. 
ML042870571.
    The NRC sent a copy of the proposed Director's Decision to the 
Petitioner for comment on June 29, 2005 (Accession No. ML051250010). 
The Petitioner and two of its member organizations commented on the 
proposed Director's Decision by letters dated July 29, 2005 (Accession 
Nos. ML052340473; ML052350440; ML052310022).
    The Director of the Office of Nuclear Reactor Regulation has 
determined that (1) The proposed demand for all licensees of Mark I and 
II BWRs to conduct a 6-month study of options for addressing structural 
vulnerabilities has, in effect, been granted; (2) the proposed national 
conference to present the findings of the study has been denied; (3) 
the proposed development of a comprehensive plan to account for 
stakeholder concerns and address structural vulnerabilities of all Mark 
I and II BWRs is considered to have been granted; (4) the proposed 
issuance of orders to the licensees for all Mark I and II BWRs 
compelling incorporation of a comprehensive set of protective measures 
is denied; and (5) the proposed requirement that future operation of 
each Mark I and II BWR be contingent on addressing their structural 
vulnerability, with participation and oversight by a panel of local 
stakeholders, is denied. The reasons for these decisions are explained 
in the Director's Decision pursuant to 10 CFR 2.206 (DD-05-04), the 
complete text of which is available in ADAMS, and is available for 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, Public File Area O-1F21, 11555 Rockville Pike 
(first floor), Rockville, Maryland. Publicly available records are 
accessible from the ADAMS Public Electronic Reading Room on the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS should contact the NRC PDR reference staff at

[[Page 69362]]

1-800-397-4209 or 301-415-4737, or by e-mail to [email protected].
    A copy of the Director's Decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the Director's Decision will constitute the final action of 
the Commission 25 days after the date of the decision, unless the 
Commission, on its own motion, institutes a review of the Director's 
Decision in that time.

    Dated at Rockville, Maryland, this 7th day of November 2005.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-6269 Filed 11-14-05; 8:45 am]
BILLING CODE 7590-01-P