[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Notices]
[Pages 36554-36556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10076]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. (as shown in Attachment 1); License Nos. (as shown in 
Attachment 1); EA-06-137]


In the Matter of Operating Power Reactor Licensees Identified In 
Attachment 1; Order Modifying Licenses (Effective Immediately)

    The licensees identified in Attachment 1 to this Order hold 
licenses issued by the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) authorizing operation of nuclear power plants in accordance 
with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal 
Regulations (10 CFR) part 50.
    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, and eventually Orders to selected 
licensees, to strengthen licensees' capabilities and readiness to 
respond to a potential attack on a nuclear facility. On February 25, 
2002, the Commission issued an Order to all operating power reactor 
licensees that required certain compensatory measures be implemented 
(February 25th Order).
    On December 2, 2005, the Commission issued a Demand for Information 
(DFI) to the power reactor licensees. The DFI required responses 
regarding whether certain identified key mitigative strategies, related 
to Section B.5.b. of the February 25th Order, for loss of large areas 
of the plant due to large fires or explosions were applicable to their 
facilities. The DFI also required certain related information, 
including whether the licensees acknowledged that the identified key 
strategies were required by Section B.5.b. of the February 25th Order. 
All licensees responded to the DFI with the required information but 
all responses stated that the strategies were not required by Section 
B.5.b.
    As a result of the Commission's continued assessment of Section 
B.5.b mitigation strategies for loss of large areas of the plant due to 
large fires or explosions, the Commission has determined that it is 
necessary at this time to require implementation of certain key 
radiological protection mitigation strategies. The key radiological 
protection mitigation strategies are set forth in Attachment 2 \1\ of 
this Order. Each licensee must amend its site security plan, safeguards 
contingency plan, guard training and qualification plan, and emergency 
plan as appropriate to address the key radiological protection 
mitigation strategies identified for its facilities. The Commission's 
assessment of the other mitigating strategies required by Section 
B.5.b. of the February 25th Order is continuing.
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    \1\ Attachment 2 contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.
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    Any needed changes to the physical security plan, safeguards 
contingency plan, guard training and qualification plan, and emergency 
plan required by 10 CFR 50.34(c), 50.34(d), 73.55(b)(4)(ii), and 
50.47(b) respectively, shall be completed and implemented within 120 
days of the date of this Order.
    Pursuant to 10 CFR 2.202, I find that in the circumstances 
described above, the public health, safety, and interest and the common 
defense and security require that this Order be immediately effective.
    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 and 73, it 
is hereby ordered, effective immediately, that all licenses identified 
in attachment 1 to this order are modified as follows:
    A.1. Each licensee shall revise its physical security plan, 
safeguards contingency plan, guard training and qualification plan, and 
emergency plan prepared pursuant to 10 CFR 50.34(c), 50.34(d), 
73.55(b)(4)(ii), and 50.47(b), as appropriate, to incorporate the key 
radiological protection mitigation strategies set forth in Attachment 2 
to this Order. In addition, each licensee shall ensure that site 
procedures, and initial and recurring operations staff training 
programs, are updated to include the key radiological protection 
mitigation strategies set forth in Attachment 2 to this Order.
    2. Each licensee shall implement any necessary changes to its 
physical security plan, safeguards contingency plan, guard training and 
qualification plan, emergency plan, and site procedures and training 
programs no later than 120 days from the date of this Order.
    B.1. Each licensee shall, within 35 days of the date of this Order, 
notify the Commission, (1) if the licensee is unable to comply with any 
requirements of this Order, (2) if compliance with any requirement of 
this Order is unnecessary in the licensee's specific circumstances, or 
(3) if implementation of any requirement of this Order 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 of this Order would adversely impact safe operation of the 
facility must notify the Commission, within 35 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 of this Order, or a schedule for 
modifying the facilities to address the adverse safety condition. If 
neither approach is appropriate, the licensee 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. Each licensee shall report to the Commission, in writing, when 
it has fully implemented this Order. The notification shall be made no 
later than 120 days from the date of the Order and include substitute 
security plan, safeguards contingency plan, guard training and 
qualification plan, and

[[Page 36555]]

emergency plan pages that reflect any changes made to implement the 
Order.
    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise, 
except that the licensee may change its physical security plans, 
safeguards contingency plans, and guard training and qualification 
plans if authorized by 10 CFR 50.54(p) and may change its revised 
emergency preparedness plan if authorized by 10 CFR 50.54(q).
    Licensee responses to Conditions A.1., B.1., B.2., and C. above, 
shall be submitted in accordance with 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.
    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 35 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 an 
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; the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address; the Regional Administrator for NRC 
Region I, II, III, or IV, as appropriate for the specific facility; and 
the licensee if the answer or hearing request is by a person other than 
the licensee. Because of possible delays 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 or her interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.309.
    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 35 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 20th day of June 2006.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.

Attachment 1--List of Licensees (EA-06-137)

Mr. William Levis
Senior Vice President and Chief Nuclear Officer
PSEG Nuclear LLC--N09
Hope Creek Generating Station, Unit 1
Docket No. 50-354
License No. NPF-57
End of Buttonwood Road
Hancocks Bridge, NJ 08038

Mr. Michael Kansler
President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
Docket No. 50-271
License No. DPR-28
440 Hamilton Avenue
White Plains, NY 10601

Mr. Michael Kansler
President
Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant
Docket No. 50-333,
License No. DPR-59
440 Hamilton Avenue
White Plains, NY 10601

Mr. Michael Kansler
President
Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station, Unit 1
Docket No. 50-293
License No. DPR-35
440 Hamilton Avenue
White Plains, NY 10601

Mr. Timothy J. O'Connor
Vice President
Nine Mile Point Nuclear Station, LLC
Nine Mile Point Nuclear Station, Units 1 and 2
Docket Nos. 50-220 & 50-410
License Nos. DPR-63 & NPF-69
348 Lake Road
Oswego, NY 13126

Mr. Britt T. McKinney
Senior Vice President and Chief Nuclear Officer
PPL Susquehanna, LLC
Susquehanna Steam Electric Station, Units 1 and 2
Docket Nos. 50-387 & 50-388
License Nos. NPF-14 & NPF-22
769 Salem Boulevard, NUCSB3
Berwick, PA 18603-0467

Mr. L. M. Stinson
Vice President--Nuclear, Hatch Project
Southern Nuclear Operating Company, Inc.
Edwin I. Hatch Nuclear Plant, Units 1 and 2
Docket Nos. 50-321 & 50-366
License Nos. DPR-57 & NPF-5
40 Inverness Center Parkway
Birmingham, AL 35242

Mr. James Scarola
Vice President
Carolina Power & Light Company
Progress Energy, Inc.
Brunswick Steam Electric Plant, Units 1 and 2
Docket Nos. 50-325 & 50-324
License Nos. DPR-71 & DPR-62
Hwy 87, 2.5 Miles North
Southport, NC 28461

Mr. Brian J. O'Grady
Site Vice President
Browns Ferry Nuclear Plant, Units 1, 2 and 3
Tennessee Valley Authority

[[Page 36556]]

Docket Nos. 50-259, 50-260, & 50-296
License Nos. DPR-33, DPR-52, & DPR-68
10835 Shaw Rd.
Athens, AL 35611

Mr. Michael Skaggs
Site Vice President
Watts Bar Nuclear Plant, Unit 1
Tennessee Valley Authority
Docket No. 50-390
License No. NPF-90
Highway 68 Near Spring City
Spring City, TN 37381

Mr. Randy Douet
Site Vice President
Sequoyah Nuclear Plant, Units 1 and 2
Tennessee Valley Authority
Docket Nos. 50-327 and 50-328
License Nos. DPR-77 and DPR-79
2000 Igou Ferry Road
Soddy Daisy, TN 37379

Mr. Mano K. Nazar
Senior Vice President and Chief Nuclear Officer
Indiana Michigan Power Company
Nuclear Generation Group
Donald C. Cook Nuclear Plant, Units 1 and 2
Docket Nos. 50-315 & 50-316
License Nos. DPR-58 & DPR-74
One Cook Place
Bridgman, MI 49106

Mr. Gary Van Middlesworth
Vice President
Duane Arnold Energy Center
Docket No. 50-331
License No. DPR-49
3277 DAEC Road
Palo, IA 52324-9785

Mr. Donald K. Cobb
Assistant Vice President--Nuclear Generation
Detroit Edison Company
Fermi, Unit 2
Docket No. 50-341
License No. NPF-43
6400 North Dixie Highway
Newport, MI 48166

Mr. John Conway
Site Vice President
Nuclear Management Company, LLC
Monticello Nuclear Generating Plant
Docket No. 50-263
License No. DPR-22
2807 West County Road 75
Monticello, MN 55362-9637

Mr. Randall K. Edington
Vice President--Nuclear and CNO
Nebraska Public Power District
Cooper Nuclear Station
Docket No. 50-298
License No. DPR-46
1200 Prospect Road
Brownville, NE 68321

Mr. J.V. Parrish
Chief Executive Officer
Energy Northwest
Columbia Generating Station
Docket No. 50-397
License No. NPF-21
Snake River Warehouse
North Power Plant Loop
Richland, WA 99352

Mr. Christopher M. Crane
President and Chief Nuclear Officer
AmerGen Energy Company, LLC
Oyster Creek Nuclear Generating Station
Docket No. 50-219
License No. DPR-16
4300 Winfield Road
Warrenville, IL 60555

Mr. Christopher M. Crane
President and Chief Nuclear Officer
Exelon Generation Company, LLC
Dresden Nuclear Power Station, Units 2 and 3
Docket Nos. 50-237 & 50-249
License Nos. DPR-19 &, DPR-25
4300 Winfield Road
Warrenville, IL 60555

Mr. Christopher M. Crane
President and Chief Nuclear Officer
Exelon Generation Company, LLC
LaSalle County Station, Units 1 and 2
Docket Nos. 50-373 & 50-374
License Nos. NPF-11 & NPF-18
4300 Winfield Road
Warrenville, IL 60555

Mr. Christopher M. Crane
President and Chief Nuclear Officer
Exelon Generation Company, LLC
Quad Cities Nuclear Power Station, Units 1 and 2
Docket Nos. 50-254 & 50-265
License Nos. DPR-29 & DPR-30
4300 Winfield Road
Warrenville, IL 60555

Mr. Christopher M. Crane
President and Chief Nuclear Officer
Exelon Generation Company, LLC
Limerick Generating Station, Units 1 and 2
Docket Nos. 50-352 & 50-353
License Nos. NPF-39 & NPF-85
4300 Winfield Road
Warrenville, IL 60555

Mr. Christopher M. Crane
President and Chief Nuclear Officer
Exelon Generation Company, LLC
Peach Bottom Atomic Power Station, Units 2 and 3
Docket Nos. 50-277 & 50-278
License Nos. DPR-44 & DPR-56
4300 Winfield Road
Warrenville, IL 60555

[FR Doc. E6-10076 Filed 6-26-06; 8:45 am]
BILLING CODE 7590-01-P