[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71586-71588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20958]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-27; EA-06-276]


In the Matter of Pacific Gas and Electric Company; Humboldt Bay 
Power Plant; Independent Spent Fuel Storage Installation; Order 
Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

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

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FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Senior Project 
Manager, Licensing and Inspection Directorate, Division of Spent Fuel 
Storage and Transportation, Office of Nuclear Material Safety and 
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville, 
MD 20852. Telephone: (301) 415-1396; fax number: (301) 415-8555; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing 
notice, in the matter of Humboldt Bay Power Plant Independent Spent 
Fuel Storage Installation (ISFSI) Order Modifying License (Effective 
Immediately).

II. Further Information

I

    NRC has issued a specific license to Pacific Gas and Electric 
Company (PG&E), 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 72. This Order is being issued to 
PG&E, which has identified near-term plans to store spent fuel in an 
ISFSI under the specific license provisions of 10 CFR Part 72. The 
Commission's regulations at 10 CFR 72.184 require PG&E to maintain 
safeguards contingency plan procedures in accordance with 10 CFR Part 
73, Appendix C. Specific safeguards requirements are contained in 10 
CFR 73.51 or 73.55, as applicable.

II

    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 PG&E, 
which has indicated near-term plans to store spent fuel in an ISFSI 
under the specific 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

[[Page 71587]]

circumstances existing at PG&E's facility, to achieve the intended 
objectives and to 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. PG&E's specific license, issued pursuant to 10 
CFR 72.40, is 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.

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 Parts 50, 72, and 73, it 
is hereby ordered, effective immediately, that your specific license is 
modified as follows:
    A. PG&E 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. It shall immediately start 
implementation of the requirements in Attachment 1 to the Order and 
shall complete implementation before May 30, 2007, or the first day 
that spent fuel is initially placed in the ISFSI, whichever is earlier.
    B.1. PG&E shall, within twenty (20) days of the date of this Order, 
notify the Commission: (1) If it is 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 PG&E considers that implementation of any of the requirements 
described in Attachment 1 to this Order would adversely impact the safe 
storage of spent fuel, it 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, PG&E 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. PG&E 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. PG&E shall report to the Commission when it has achieved full 
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.
    PG&E'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, Office of Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the above conditions, for good 
cause.

IV

    In accordance with 10 CFR 2.202, PG&E 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 IV, at 611 Ryan Plaza Drive, 
Suite 400, Arlington, TX 76011; 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 PG&E 
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 a hearing is requested by PG&E or an entity whose interest is 
adversely affected, 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), PG&E 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.


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     Dated at Rockville, Maryland, this 22nd day of November, 2006.

    For the Nuclear Regulatory Commission.
Jack R. Strosnider,
 Director, Office of Nuclear Material Safety and Safeguards.
 [FR Doc. E6-20958 Filed 12-8-06; 8:45 am]
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