[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70042-70044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28846]



[[Page 70042]]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos (Redacted), License Nos (Redacted), EA (Redacted); NRC-
2010-0351]


In the Matter of All Power Reactor Licensees and Research Reactor 
Licensees Who Transport Spent Nuclear Fuel; Order Modifying License 
(Effective Immediately)

I.

    The licensees identified in Attachment 1 to this Order have been 
issued a specific license by the U.S. Nuclear Regulatory Commission 
(NRC or Commission) authorizing the possession of spent nuclear fuel 
and a general license authorizing the transportation of spent nuclear 
fuel [in a transportation package approved by the Commission] in 
accordance with the Atomic Energy Act of 1954, as amended, and Title 10 
of the Code of Federal Regulations (CFR) parts 50 and 71. This Order is 
being issued to all such licensees who transport spent nuclear fuel. 
Commission regulations for the shipment of spent nuclear fuel at 10 CFR 
73.37(a) require these licensees to maintain a physical protection 
system that meets the requirements contained in 10 CFR 73.37(b), (c), 
(d), and (e).

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 its licensees in order to 
strengthen licensees' capabilities and readiness to respond to a 
potential attack on a nuclear facility or 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 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 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 2 of this Order, on 
all licensees identified in Attachment 1 of this Order.\1\ These 
additional security requirements, 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 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 licensees may have already initiated 
many of the measures set forth in Attachment 2 to this Order in 
response to previously issued Safeguards and Threat Advisories or on 
their own. It is also recognized that some measures may not be possible 
or necessary for all shipments of spent nuclear fuel, or may need to be 
tailored to accommodate the licensees' specific circumstances to 
achieve the intended objectives and avoid any unforeseen effect on the 
safe transport of spent nuclear fuel.
    Although the additional 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 current threat environment, the 
Commission concludes that the security measures must be embodied in an 
Order consistent with the established regulatory framework. In order to 
provide assurance that licensees are implementing prudent measures to 
achieve a consistent level of protection to address the current threat 
environment, all licenses identified in Attachment 1 to this Order 
shall be modified to include the requirements identified in Attachment 
2 to this Order. In addition, pursuant to 10 CFR 2.202, and in light of 
the common defense and security matters identified above which warrant 
the issuance of this Order, the Commission finds that the public 
health, safety, and interest require that this Order be immediately 
effective.

III.

    Accordingly, pursuant to Sections 53, 103, 104, 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 50 and 71, it 
is hereby ordered, effective immediately, that all licenses identified 
in Attachment 1 to this order are modified as follows:
    A. All licensees shall, notwithstanding the provisions of any 
Commission regulation or license to the contrary, comply with the 
requirements described in Attachment 2 to this Order except to the 
extent that a more stringent requirement is set forth in the licensee's 
security plan. The licensees shall immediately start implementation of 
the requirements in Attachment 2 to the Order and shall complete 
implementation by November 4, 2010, unless otherwise specified in 
Attachment 2, or before the first shipment after December 4, 2010, 
whichever is earlier.
    B. 1. All licensees shall, within twenty (20) days of the date of 
this Order, notify the Commission, (1) If they are unable to comply 
with any of the requirements described in Attachment 2, (2) if 
compliance with any of the requirements is unnecessary in their 
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 the facility license. The 
notification shall provide the licensee's justification for seeking 
relief from or variation of any specific requirement.
    2. Any licensee that considers that implementation of any of the 
requirements described in Attachment 2 to this Order would adversely 
impact the safe transport of spent fuel 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 2 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 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. All licensees 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 Attachment 2.
    2. All licensees shall report to the Commission when they have 
achieved full compliance with the requirements described in Attachment 
2.
    D. Notwithstanding any provisions of the Commission's regulations 
to the contrary, all measures implemented or

[[Page 70043]]

actions taken in response to this Order shall be maintained until the 
Commission determines otherwise.
    Licensee responses to Conditions B1, B2, C1, and C2 above, shall be 
submitted to the NRC to the attention of the Director, Office of 
Nuclear Reactor Regulation under 10 CFR 50.4. In addition, licensee 
submittals that contain Safeguards Information shall be properly marked 
and handled in accordance with 10 CFR 73.21.
    The Director, Office of Nuclear Reactor Regulation, 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 publication of this Order in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or 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 Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and include a 
statement of good cause for the extension.
    The answer may consent to this Order. If the answer, on the other 
hand, includes a request for hearing, it 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. If a person 
other than the licensee requests a hearing, that person shall set forth 
with particularity the manner in which his/her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d).
    Any answer or request for hearing, must be filed in accordance with 
the NRC E-Filing rule (72 FR 49139, August 28, 2007). The E-Filing 
process requires participants to submit and serve all adjudicatory 
documents over the internet, or in some cases to mail copies on 
electronic storage media. Participants may not submit paper copies of 
their filings unless they seek an exemption in accordance with the 
procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
[email protected], or by telephone at (301) 415-1677, to request 
(1) a digital ID certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.

[[Page 70044]]

    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission. 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 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 at Rockville, Maryland, this 4th day of November, 2010.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-28846 Filed11-15-10; 8:45 am]
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