[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71588-71589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20959]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-27; EA-06-277]


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 Additional Security 
Measures Associated with Access Authorization.

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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, the 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 issued a specific license to Pacific Gas and Electric Company 
(PG&E), authorizing the operation of an ISFSI, in accordance with the 
Atomic Energy Act of 1954 and Title 10 of the Code of Federal 
Regulations (10 CFR) Part 72. The Commission's regulations in 10 CFR 
72.184 require PG&E to have a safeguards contingency plan to respond to 
threats of radiological sabotage and to protect the spent fuel against 
the threat of radiological sabotage, in accordance with 10 CFR Part 73, 
Appendix C. Specific safeguards requirements are contained in 10 CFR 
73.51 or 73.55, as applicable.
    Inasmuch as an insider has an opportunity equal to, or greater 
than, any other person, to commit radiological sabotage, the Commission 
has determined these measures to be prudent. This Order has been issued 
to all licensees that currently store spent fuel or have identified 
near-term plans to store spent fuel in an ISFSI.

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. On October 16, 2002, the Commission issued Orders to 
the licensees of operating ISFSIs to put the actions taken in response 
to the Advisories in the established regulatory framework and to 
implement additional security enhancements that emerged from NRC's 
ongoing comprehensive review. 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 
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 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 all licensees of these 
facilities. These 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 licensees may have already initiated 
many of the measures set forth in Attachment 1 to this Order, in 
response to previously issued advisories, the October 2002 Order, or on 
their own. It also recognizes that some measures may not be possible or 
necessary at some sites, or may need to be tailored to accommodate the 
specific circumstances existing at the licensee's facility, to achieve 
the intended objectives and avoid any unforeseen effect on the safe 
storage of spent 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 public health 
and safety, the Commission concludes that these actions must be 
supplemented further, because the current threat environment continues 
to persist. Therefore, it is appropriate to require certain additional 
security measures and these measures must be embodied in an Order, 
consistent with the established regulatory framework.
    To provide assurance that PG&E is implementing prudent measures to 
achieve a consistent level of protection to address the current threat 
environment, PG&E's specific license issued pursuant to 10 CFR 72.40 
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 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, 72, and 
73, It is hereby ordered, effective immediately, that your site-
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 PG&E's security plan. PG&E shall immediately start 
implementation of the requirements in Attachment 1 to the Order and 
shall complete implementation no later than May 30, 2007, with the 
exception of the additional security measure B.4, which shall be 
implemented no later than November 30, 2007. In any event, PG&E shall 
complete implementation of all additional security measures before the 
first day that spent fuel is initially placed in the ISFSI.
    B.1. PG&E shall, within twenty (20) days of the date of this Order, 
notify the

[[Page 71589]]

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 PG&E to be in 
violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide PG&E'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, PG&E 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 requirements 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 under 
Condition B.1.
    C.1. PG&E shall, within twenty (20) days 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 response 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 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 possible disruptions in delivery of mail to 
United States Government offices, it is requested that requests for a 
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 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 PG&E or an 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), 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.

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

    For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety.
 [FR Doc. E6-20959 Filed 12-8-06; 8:45 am]
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