[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36298-36300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14760]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-309, 72-30; NRC-2012-0137; License No. DPR-36]


In the Matter of Maine Yankee Atomic Power Company; Maine Yankee 
Atomic Power Station; Confirmatory Order Modifying License (Effective 
Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
issued a Confirmatory Order to Maine Yankee Atomic Power Company (Maine 
Yankee or the Licensee), to address statutory requirements and the 
Commission's regulation regarding foreign ownership, control, or 
domination (FOCD).

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FOR FURTHER INFORMATION CONTACT: John Goshen, Project Manager, Division 
of Spent Fuel Storage and Transportation, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555. Telephone: (301) 492-3325; Fax number: (301) 492-3342; Email: 
[email protected].

I

    Maine Yankee Atomic Power Company (Maine Yankee or the Licensee), 
is the holder of Facility Operating License No. DPR-36, pursuant to 10 
CFR Part 50, which authorizes the receipt, possession, and use of 
byproduct and special nuclear material in accordance with the 
Commission's regulations in 10 CFR Parts 30, 40, and 70 at the Maine 
Yankee Atomic Power Station and storage of spent nuclear fuel under the 
general license provisions of 10 CFR Part 72, Subpart K at the Maine 
Yankee Atomic Power Station. The facility is located at the Licensee's 
site in Wiscasset, Maine.

II

    On December 21, 2011, as supplemented April 24, 2012, Maine Yankee 
submitted a letter to the U.S. Nuclear Regulatory Commission (NRC or 
the Commission) (Agencywide Documents Access and Management System 
(ADAMS) Accession Nos. ML11364A053 and ML12125A042), stating that it 
had implemented a Negation Action Plan by adopting a Board of Directors 
Resolution that prevents any potential for foreign control over safety 
and security matters, including access to security information and to 
special nuclear material in compliance with Section 103d of the Atomic 
Energy Act of 1954, as amended (AEA) and the Commission's regulation 
under Title 10 of the Code of Federal Regulations (10 CFR) 50.38. The 
Board of Directors Resolution was passed on December 14, 2011. The 
Board of Directors Resolution was enclosed in a Foreign Ownership, 
Control, and Influence (FOCI) application filed with the NRC on January 
3, 2012, and also provided in a letter to the NRC dated February 23, 
2012 (ADAMS Accession No. ML12066A040).
    The Negation Action Plan, as modified in the April 24, 2012 letter, 
contains provisions related to foreign ownership, control, or 
domination that include, but are not limited to, the following items: 
(1) Access to classified and safeguards information and to special 
nuclear material shall be controlled by Maine Yankee under the 
direction of the Chief Nuclear Officer (CNO) of Maine Yankee; (2) 
Decisions related to safety and security of special nuclear material, 
and related to access to classified and safeguards information and to 
special nuclear material, are specifically delegated by the Maine 
Yankee Board of Directors to the CNO of Maine Yankee; (3) The CNO of 
Maine Yankee shall be a U.S. citizen and shall execute a certification 
acknowledging his or her special duties to protect classified and 
safeguards information, to protect public health and safety and common 
defense and security relative to special nuclear material, and to 
report any foreign ownership, control, or domination issue to the NRC; 
(4) Directors and officers of foreign-controlled sponsor companies 
shall not have access to safeguards or classified information, and 
shall not have access to special nuclear material in the possession of 
Maine Yankee; (5) Directors and officers of Maine Yankee who are 
representatives of a foreign-controlled owner shall be excluded from 
access to classified information and to special nuclear material; and 
(6) Directors and officers of Maine Yankee who are representatives of a 
foreign-controlled owner shall execute certifications acknowledging 
their exclusion from access to classified information and special 
nuclear material, and acknowledging their commitment to take no action 
to circumvent the protective measures established by Maine Yankee to 
negate any foreign control or influence with respect to radiological 
safety and security of special nuclear material.
    The NRC has reviewed and evaluated the executed Negation Action 
Plan and Board Resolution submitted by Maine Yankee, and finds the plan 
and implementing actions are acceptable to negate the foreign 
ownership, control, or domination issues and satisfy NRC requirements 
as applicable when the plan was submitted and at this time.

III

    In order to meet the statutory requirements of Section 103d of the 
AEA and 10 CFR 50.38 as discussed above, the Commission has determined 
that the Facility Operating License for Maine Yankee Atomic Power 
Station must be modified to include provisions with respect to the 
measures identified in Section II of this Confirmatory Order. The 
requirements needed to effectuate the foregoing are set forth in 
Section IV below. On May 31, 2012, Maine Yankee consented to the 
license modifications set forth in Section IV below. Maine Yankee 
further agreed in its letter dated

[[Page 36299]]

May 31, 2012, that it has waived its right to a hearing on this 
Confirmatory Order, and, therefore, that the terms of the Confirmatory 
Order are effective upon issuance.
    The NRC has concluded that the License modifications set forth in 
Section IV are acceptable and necessary to ensure continued compliance 
with the AEA. Based on the above and Maine Yankee's consent, this 
Confirmatory Order is immediately effective upon issuance.

IV

    Accordingly, pursuant to Section 103d of the Atomic Energy Act of 
1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 
CFR Part 50, and 10 CFR Part 72, it is hereby ordered, effective 
immediately, that license no. DPR-36 is modified as follows:
    (1) The Maine Yankee Atomic Power Negation Action Plan included 
with the letters dated December 21, 2011, and April 24, 2012, and the 
Board Resolution included with the FOCI application filed on January 3, 
2012, and provided in a letter to the NRC dated February 23, 2012, 
shall be adhered to and may not be modified in any respect concerning 
decision-making authority over the Maine Yankee Independent Spent Fuel 
Storage Installation without the prior written consent of the Director, 
Office of Nuclear Material Safety and Safeguards, or designee.
    (2) Access to classified and safeguards information and to special 
nuclear material shall be controlled by Maine Yankee Atomic Power 
Company under the direction of the CNO of Maine Yankee Atomic Power 
Company.
    (3) Decisions related to safety and security of special nuclear 
material, and related to access to classified and safeguards 
information and to special nuclear material, are specifically delegated 
by the Maine Yankee Atomic Power Company Board of Directors to the CNO 
of Maine Yankee Atomic Power Company.
    (4) The CNO of Maine Yankee Atomic Power Company shall be a U.S. 
citizen and shall execute a certification acknowledging his or her 
special duties to protect classified and safeguards information, to 
protect public health and safety and common defense and security 
relative to special nuclear material, and to report any foreign 
ownership, control, or domination issue to the NRC.
    (5) Directors and Officers of any foreign controlled owner shall 
not be permitted to hold positions, and shall be excluded from holding 
positions, at Maine Yankee Atomic Power Company that would enable them 
to control the policy and practices of Maine Yankee Atomic Power 
Company in the performance of its licensed activities, and shall not 
have access to classified information or safeguards information related 
to the Maine Yankee facility, or access to or custody of special 
nuclear material related to the Maine Yankee facility.
    (6) Maine Yankee Atomic Power Company shall cause to be transmitted 
to the Director, Office of Nuclear Material Safety and Safeguards, 
within 30 days of knowledge of a filing with the U.S. Securities and 
Exchange Commission, any Schedules 13D or 13G filed pursuant to the 
Securities and Exchange Act of 1934 that disclose beneficial ownership 
of any registered classes of Maine Yankee Atomic Power Company stock.

V

    In accordance with 10 CFR 2.202, any person adversely affected by 
this Confirmatory Order, other than the Licensee, may request a hearing 
within 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 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.
    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 applicable 
criteria set forth in 10 CFR 2.202 and 2.309.
    If a hearing is granted, the Commission will issue an Order 
designating the time and place of any hearings. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email 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 the Electronic Information Exchange, 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

[[Page 36300]]

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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email 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 email 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.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, 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.
    A Request for Hearing Shall Not Stay the Immediate Effectiveness of 
this Order.

    For the Nuclear Regulatory Commission.

    Dated this 4th day of June 2012.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-14760 Filed 6-15-12; 8:45 am]
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