[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