[Federal Register Volume 72, Number 34 (Wednesday, February 21, 2007)]
[Notices]
[Pages 7911-7912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2878]
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NUCLEAR REGULATORY COMMISSION
[EA-07-014]
In the Matter of Dairyland Power Cooperative: La Crosse Boiling
Water Reactor; Order Imposing Additional Security Measures (Effective
Immediately)
I
The Licensee, Dairyland Power Cooperative, holds a license issued
by the U.S. Nuclear Regulatory Commission (NRC or Commission) for La
Crosse Boiling Water Reactor, in accordance with the Atomic Energy Act
of 1954, as amended, and 10 CFR part 50, authorizing it to possess and
transfer items containing radioactive material quantities of concern.
This Order is being issued to all such Licensees who may transport
radioactive material quantities of concern under the NRC's authority to
protect the common defense and security. The Orders require compliance
with specific additional security measures to enhance the security for
transport of certain radioactive material quantities of concern.
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and Washington, DC, 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 Licensees in order to strengthen
Licensees' capabilities and readiness to respond to a potential attack
on this regulated activity. 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 the current security measures. In
addition, the Commission commenced a comprehensive review of its
safeguards and security programs and requirements.
As a result of its initial 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
security measures are required to be implemented by Licensees as
prudent, interim measures to address the current threat environment in
a consistent manner. Therefore, the Commission is imposing
requirements, as set forth in Attachment A \1\ of this Order, on the
Licensee. These additional security measures, which supplement existing
regulatory requirements, will provide the Commission with reasonable
assurance that the common defense and security continue to be
adequately protected in the current threat environment. These
additional security measures will remain in effect until the Commission
determines otherwise.
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\1\ Attachment A contains Safeguards Information and will not be
released to the public.
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The Commission recognizes that the Licensee may have already
initiated many of the measures set forth in Attachment A to this Order
in response to previously issued Safeguards and Threat Advisories or on
its own. It is also recognized that some measures may not be possible
or necessary for all shipments of radioactive material quantities of
concern, or may need to be tailored to accommodate the Licensee's
specific circumstances to achieve the intended objectives and avoid any
unforeseen effect on the safe transport of radioactive material
quantities of concern.
Although the security measures implemented by Licensees in response
to the Safeguards and Threat Advisories have been adequate to provide
reasonable assurance of adequate protection of common defense and
security, in light of the continuing threat environment, the Commission
concludes that the security measures must be embodied in an Order,
consistent with the established regulatory framework. The Commission
has determined that the security measures contained in Attachment A of
this Order contain Safeguards Information and will not be released to
the public as per Order entitled, ``Issuance of Order Imposing
Requirements for the Protection of Certain Safeguards Information,''
issued on November 15, 2006, to the Licensee. To provide assurance that
Licensees are implementing prudent measures to achieve a consistent
level of protection to address the current threat environment, the
Licensee shall implement the requirements identified in Attachment A to
this Order. In addition, pursuant to 10 CFR 2.202, I find that in light
of the common defense and security matters identified above, which
warrant the issuance of this Order, the public health and safety
require that this Order be immediately effective.
III
Accordingly, pursuant to Sections 53, 81, 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 part 50, it is
hereby ordered, effective immediately, that the licensee shall comply
with the following:
A. The Licensee shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment A to this Order. The Licensee
shall immediately start implementation of the requirements in
Attachment A to the Order and shall complete implementation by August
11, 2007 or before the first shipment of radioactive material
quantities of concern, whichever is sooner.
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 Attachment A, (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 A to this Order would adversely
impact
[[Page 7912]]
the safe transport of radioactive material quantities of concern, 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 A requirement
in question, or a schedule for modifying the activity 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. The Licensee shall report to the Commission when it has achieved
full compliance with the requirements described in Attachment A.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this order shall be maintained until the Commission determines
otherwise.
Licensee responses to Conditions B.1, B.2, and C above shall be
submitted to the Document Control Desk, ATTN: Director, Office of
Federal and State Materials and Environmental Management Programs, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. In addition,
Licensee submittals that contain Safeguards Information shall be
properly marked and handled in accordance with Licensee's Safeguards
Information or Safeguards Information--Modified Handling program.
The Director, Office of Federal and State Materials and
Environmental Management Programs, 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 Federal and State
Materials and Environmental Management Programs, 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 Federal and State Materials and Environmental Management Programs,
U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the
Assistant General Counsel for Materials Litigation and Enforcement, to
the Office of Enforcement at the same address, to the Regional
Administrator for NRC Region III, at the address specified in Appendix
A to 10 CFR Part 73, and to 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 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
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 this 12th day of February, 2007.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
[FR Doc. E7-2878 Filed 2-20-07; 8:45 am]
BILLING CODE 7590-01-P