[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Notices]
[Pages 36551-36552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10074]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-59; EA-06-116]


In the Matter of Entergy Nuclear Vermont Yankee, LLC. Vermont 
Yankee Nuclear Power Station Independent Spent Fuel Storage 
Installation Order Modifying License (Effective Immediately)

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Issuance of Order for Implementation of Interim Safeguards and 
Security Compensatory Measures.

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FOR FURTHER INFORMATION, CONTACT: Christopher M. Regan, Senior Project 
Manager, Licensing and Inspection Directorate, Spent Fuel Project 
Office, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. 
Nuclear Regulatory Commission (NRC), Rockville, MD 20852. Telephone: 
(301) 415-1179; fax number: (301) 415-8555; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing 
notice in the matter of Vermont Yankee Nuclear Power Station 
Independent Spent Fuel Storage Installation (ISFSI) Order Modifying 
License (Effective Immediately).

II. Further Information

    NRC has issued a general license to Entergy Nuclear Vermont Yankee, 
LLC. (Entergy), authorizing storage of spent fuel in an 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. This Order 
is being issued to Entergy which has identified near-term plans to 
store spent fuel in an ISFSI under the general license provisions of 
part 72. The Commission's regulations at 10 CFR 72.212(b)(5) and 10 CFR 
73.55(h)(1) require Entergy 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.
    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, using 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, 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, 
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 
Entergy which has indicated near-term plans to store spent fuel in an 
ISFSI under the general license provisions of 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 Entergy's facility, to achieve the intended 
objectives and avoid any unforeseen effect on the safe storage of spent 
fuel.
    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. Entergy'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 the circumstances described above, the public 
health, safety, and interest require that this Order be effective 
immediately.
    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. Entergy shall comply with the requirements described in 
Attachment 1 to this Order, except to the extent that a more stringent 
requirement is set forth in its security plan. Entergy shall 
immediately start implementation of the requirements in Attachment 1 to 
the Order and shall complete implementation before November 30, 2006, 
or the first day that spent fuel is initially placed in the ISFSI, 
whichever is sooner.
    B.1. Entergy 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 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 the 
licensee's justification for seeking relief from, or variation, of any 
specific requirement.
    2. If Entergy considers that implementation of any of the 
requirements described in Attachment 1 to this Order would adversely 
impact the safe storage of spent fuel, Entergy 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(s) in question, or 
a schedule for modifying the facility to address the adverse safety 
condition. If neither approach is appropriate, Entergy 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. Entergy 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. Entergy shall report to the Commission when it has achieved full

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compliance with the requirements described in Attachment 1.
    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise.
    Entergy's responses 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, NMSS may, in 
writing, relax or rescind any of the above conditions, on Entergy's 
demonstration of good cause.
    In accordance with 10 CFR 2.202, Entergy must, and any other entity 
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 entity 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 I at 475 Allendale Road, King of 
Prussia, PA 19406-1415; and to the licensee, if the answer or hearing 
request is by an entity 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 (OGC), either by means of 
facsimile transmission, to 301-415-3725, or by e-mail, to 
[email protected]. If an entity other than Entergy requests a 
hearing, that entity shall set forth, with particularity, the manner in 
which its interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.309.
    If Entergy or another entity whose interest is adversely affected 
requests a hearing, the Commission will issue an Order designating the 
hearing's time and place. 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), Entergy 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.

    For the Nuclear Regulatory Commission.

    Dated this 15th day of June 2006.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
 [FR Doc. E6-10074 Filed 6-26-06; 8:45 am]
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