[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Notices]
[Pages 38103-38104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3403]
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NUCLEAR REGULATORY COMMISSION
[EA-07-180, Docket No.: 70-7004, License No.: SNM-2011]
In the Matter of USEC, Inc., American Centrifuge Plant; Order
Modifying License For Additional Security Measures (Effective
Immediately)
I
USEC Inc. (USEC or the Licensee) is the holder of Special Nuclear
Material (SNM) License No. SNM-2011, for the American Centrifuge Plant
(ACP), issued by the U.S. Nuclear Regulatory (NRC or Commission)
pursuant to 10 CFR Part 70. This license authorizes the Licensee to
construct and operate a uranium enrichment facility, in accordance with
the Atomic Energy Act (AEA) of 1954, as amended, and 10 CFR Parts 30,
40, and 70. The USEC license was issued on April 13, 2007, and is due
to expire on April 13, 2037.
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. 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
plan requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that the Licensee
must implement certain additional prudent measures to address the
current threat environment. Therefore, the Commission is imposing
requirements, set forth in 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.
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\1\ Attachments 1 and 2 contain safeguards information and will
not be released to the public.
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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.
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\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.
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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. To provide
assurance that the Licensee is implementing prudent measures to achieve
an adequate level of protection to address the current threat
environment, SNM-2011 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 AEA 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-2011 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 six (6)
months before 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 Attachments 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
[[Page 38104]]
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 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
October 4, 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
answerer may consent to this Order. Unless the answerer consents to
this Order, the answerer 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 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: July 5, 2007.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 07-3403 Filed 7-11-07; 8:45 am]
BILLING CODE 4590-01-P