[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Notices]
[Pages 78228-78229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22243]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-06-230]
In the Matter of Louisiana Energy Services, L.P. (National
Enrichment Facility);Order Modifying License For Additional Security
Measures (Effective Immediately)
I
Louisiana Energy Services (LES or the Licensee) is the holder of
Special Nuclear Material License No. SNM-2010 for the National
Enrichment Facility (NEF) issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Part 70. The Licensee
is authorized by its license to construct and operate a uranium
enrichment facility in accordance with the Atomic Energy Act of 1954,
as amended, and 10 CFR Parts 30, 40, and 70. The LES license was issued
on June 23, 2006, and is due to expire on June 23, 2036.
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, N.Y., and Washington, D.C., utilizing 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 in order 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 in order 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, the Commission has determined that certain
additional measures are required to be implemented by the Licensee as
prudent measures to address the current threat environment. Therefore,
the Commission is imposing requirements, set forth in the Attachments 1
and 2 \1\ of this Order, which supplement existing regulatory
requirements, to 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.
---------------------------------------------------------------------------
\1\ Attachments 1 and 2 contain safeguards information and will
not be released to the public.
---------------------------------------------------------------------------
The Commission recognizes that some of the requirements set forth
in Attachments 1 and 2 \2\ to this Order may already have been
initiated by the Licensee on its own. It is also recognized that some
measures may need to be tailored to specifically accommodate the
specific circumstances and characteristics existing at the licensee's
facility to achieve the intended objectives and avoid any unforeseen
effect on safe operation.
---------------------------------------------------------------------------
\2\ To the extent that specific measures identified in the
Attachments to this Order require actions pertaining to the
Licensee's possession and use of chemicals, such actions are being
directed on the basis of the potential impact of such chemicals on
radioactive materials and activities subject to NRC regulation.
---------------------------------------------------------------------------
In light of the current threat environment, the Commission
concludes that the Additional Security Measures must be embodied in an
Order, consistent with the established regulatory framework. In order
to provide assurance that the Licensee is implementing prudent measures
to achieve an adequate level of protection to address the current
threat environment, Materials License SNM-2010 shall be modified to
include the requirements identified in Attachments 1 and 2 to this
Order. In addition, pursuant to 10 CFR 2.202 and 70.81, I find that, in
light of the circumstances described above, the public health, safety,
and interest, and the common defense and security require that this
Order be immediately effective.
III
Accordingly, pursuant to Sections 53, 62, 63, 81, 147, 149, 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 30,
40, and 70, it is hereby ordered, effective immediately, that Material
License SNM-2010 is modified as follows:
A. The Licensee shall, notwithstanding the provisions of any
Commission regulation to the contrary, comply with the requirements
described in Attachments 1 and 2 to this Order. The Licensee shall
immediately start implementation of the requirements in Attachments 1
and 2 to the Order and shall complete implementation, unless otherwise
specified in Attachments 1 and 2 to this order, no later than 6 months
prior to facility operation.
B. 1. The Licensee 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 the Attachment, (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 its license.
The notification shall provide the Licensee's justification for
seeking relief from or variation of any specific requirement.
2. If the Licensee considers that implementation of any of the
requirements described in Attachment 1 and 2 to this Order would
adversely affect safe operation of its facility, the Licensee 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 Attachments 1 and 2 in
question, 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 B1 of this Order to
identify the condition as a requirement with which it cannot comply,
with attendant justifications as required in Condition B1.
C. 1. The Licensee 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 the Attachment.
2. The Licensee shall report to the Commission when it has achieved
full compliance with the requirements described in the Attachment.
D. Notwithstanding any provision of the Commission's regulations to
the contrary, all measures implemented or
[[Page 78229]]
actions taken in response to this Order shall be maintained until the
Commission determines otherwise.
The Licensee's response to Conditions B.1, B.2, C.1, and C.2, above
shall be submitted in accordance with 10 CFR 70.5.
In addition, the Licensee's submittals that contain Safeguards
Information shall be properly marked and handled in accordance with the
Order issued on August 28, 2006, requiring a program for protecting
Safeguards Information.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration by the Licensee of good cause.
IV
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 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, 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 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. Copies also
shall be sent to the Director, Office of Nuclear Material Safety and
Safeguards, and the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, to the Assistant General
Counsel for Materials Litigation and Enforcement, at the same address,
to the Regional Administrator, NRC Region II, 61 Forsyth Street, SW,
Suite 23T85, Atlanta, GA 30303-8931, and to the Licensee if the answer
or hearing request is by a person other than the Licensee. Because of
possible 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
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 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 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 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 this 20th day of December, 2006.
For The Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-22243 Filed 12-27-06; 8:45 am]
BILLING CODE 7590-01-P