[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