[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30283-30285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12664]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[EA-2014-144; NRC-2015-0110]


In the Matter of GE-Hitachi Nuclear Energy Americas LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order to GE-Hitachi Nuclear Energy Americas LLC, 
confirming agreements reached on March 4, 2015. As part of the 
agreement, GE-Hitachi must comply with the security measures detailed 
in the Attachment to the Order and the materials control and accounting 
(MC&A) measures detailed in Section II of the Order; implement the 
security and MC&A measures for the duration of the SNM-960 license; 
submit an updated physical security plan for NRC review and approval 
within 120 days from the issuance of the Order; submit a descriptive 
program for MC&A for the material under the SNM-960 license for NRC 
review and approval within 60 days from the issuance of the Order; and 
provide written verification to the Director, Office of Nuclear 
Material Safety and Safeguards (NMSS), within 20 calendar days from the 
end of the calendar month after completing any of the measures. This 
Order is effective the date it is issued.

DATES: The confirmatory order was signed April 22, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0110 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0110. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this Order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Breeda Reilly, telephone: 301-415-
7553, email [email protected], Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 22nd day of April, 2015.

    For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review Office of Nuclear Material Safety and Safeguards.

Attachment--Confirmatory Order

United States of America
    Nuclear Regulatory Commission
    In the Matter of GE-Hitachi Nuclear Energy Americas LLC;
    Vallecitos Nuclear Center, Sunol, California
    [Docket No. 70-754; License No. SNM-960]
    EA-2014-144

Confirmatory Order

I

    GE-Hitachi Nuclear Energy Americas LLC (GEH or the licensee) is the 
holder of License No. SNM-960, issued by the U.S. Nuclear Regulatory 
Commission (NRC) pursuant to Part 70 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Domestic Licensing of Special Nuclear 
Material,'' for the Vallecitos Nuclear Center (VNC). The license 
authorizes [Official Use Only (OUO) Information Redacted] special 
nuclear material (SNM) [OUO Redacted]. The license, issued on September 
14, 1966, was most recently renewed on June 16, 2000, with an 
expiration date of June 30, 2010 (GEH is operating under timely 
renewal). [Safeguards Information (SGI) Redacted]

II

    [SGI Redacted] The NRC met with the licensee on June 25, 2014, to 
discuss methods to incorporate the security requirements in the 
Attachment to this Order into its license and physical security plan 
(PSP). The NRC again met with the licensee on October 24, 2014, to 
discuss methods to incorporate the material control and accounting 
(MC&A) requirements into its license. At both times, the licensee 
expressed both the willingness and capability to work with the NRC to 
ensure that the material is adequately protected. Since then, the NRC 
and GEH have met multiple times to finalize this Confirmatory Order. As 
such, the NRC has issued this Confirmatory Order, agreed to by GEH, to 
address the hybrid nature of the facility and provide clear and 
inspectable security and MC&A requirements. Accordingly, before GEH 
makes any change in the amount, type, or makeup of the material [OUO 
Redacted] under the SNM-960 license, or the material is moved elsewhere 
onsite, GEH must notify the NRC so that the NRC can review the need for 
updated security or MC&A requirements. Based on that review, this 
Confirmatory Order may be amended or a new Confirmatory Order may be 
issued. The requirements in the Attachment to this Order will remain in 
effect until the NRC determines otherwise.

III

    GEH agrees to implement the security measures detailed in the 
Attachment to this Order and the MC&A measures detailed in Section II 
of this Order under License No. SNM-960 to provide high assurance of 
public health and safety and the common defense and security.

[[Page 30284]]

    On March 4, 2015, the Licensee consented to the issuance of this 
Order with commitments, as described in Section IV below. The Licensee 
further agreed in its April 9, 2015, letter that this Order is to be 
effective the date that this Order is signed and that it has waived its 
right to a hearing. Since the Licensee has agreed to implement the 
security measures detailed in the Attachment to this Order and the MC&A 
measures detailed in Section II of this Order and document them in 
their physical security plan and license, the NRC has concluded that 
its concerns can be resolved through issuance of this Confirmatory 
Order.
    I find that the Licensee's commitments, as set forth in Section IV, 
are acceptable and necessary and conclude that with these commitments 
the public health and safety and common defense and security are highly 
assured. In view of the foregoing, I have determined that the public 
health and safety and the common defense and security require that the 
Licensee's commitments be confirmed by this Order. Based on the above 
and the Licensee's consent, this Order shall be final 30 days from the 
date this Order is signed.

IV

    Accordingly, pursuant to Sections 51, 103, 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 70, it is 
hereby ordered that License No. SNM-960 is modified as follows:
    A. GEH shall comply with the security measures detailed in the 
Attachment to this Order and the MC&A measures detailed in Section II 
of this Order. The security and MC&A measures are required to be 
implemented for the duration of the SNM-960 license. If the Licensee 
expects to miss a completion date for any reason, the Licensee must 
contact the NRC to discuss compensatory measures that will be 
implemented. The sufficiency of such compensatory measures will be 
solely the determination of the NRC.
    B. GEH shall submit an updated physical security plan that 
incorporates the security measures described in the Attachment to this 
Order for NRC review and approval within 120 days from the issuance of 
this Order.
    C. GEH shall submit a descriptive program for MC&A for the material 
under License No. SNM-960 that incorporates the MC&A measures described 
in Section II of this Order for NRC review and approval within 60 days 
from the issuance of this Order.
    D. GEH shall provide written verification to the Director, Office 
of Nuclear Material and Safety and Safeguards (NMSS), within 20 
calendar days from the end of the calendar month after completing any 
of the measures described in the Attachment to this Order.
    GEH's submissions that contain Safeguards Information (SGI) shall 
be properly marked, handled, and transmitted in accordance with 10 CFR 
73.21 and 73.22. GEH's submissions that contain OUO Information shall 
be properly marked, handled, and transmitted. The Director of NMSS may, 
in writing, modify, relax, or rescind any of the above conditions upon 
demonstration by GEH of good cause.

V

    This Order and its Attachment contain information up to the SGI 
designation, as defined in 10 CFR 73.2, and its disclosure to 
unauthorized individuals is prohibited by 10 CFR 73.21 and 10 CFR 
73.22. Therefore, any redacted material will not be made available for 
public inspection in the NRC Public Document Room or electronically in 
the NRC's Agencywide Documents Access and Management System. Any person 
requesting to obtain a copy of this order or portions thereof will be 
required to demonstrate their trust and reliability through a Federal 
Bureau of Investigation background check and criminal history check, as 
well as demonstrate a ``need to know'' such information.
    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Order, other than the licensee, may submit 
an answer to this Order, and may request a hearing concerning the 
Order, within 30 days of its publication 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 must be 
directed to the Director, NMSS, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and include a statement of good cause for 
the extension.
    If a hearing is requested by 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 a hearing shall be whether this Order should be sustained.
    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) and (f).
    In the absence of any request for a hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 30 days from the date that 
this Order is signed without further order or proceedings.
    If an extension of time for requesting a hearing has been approved, 
the provisions specified in Section IV shall be final when the 
extension expires if a hearing request has not been received.

VI

Electronic Submissions (E-Filing)

    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's 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 email at [email protected], 
or by telephone at 301-415-1677, to request (1) a digital 
identification (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 the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-

[[Page 30285]]

Submittal server are detailed in the 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 System, 
users will be required to install a Web browser plug-in from the NRC's 
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's 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's 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 NRC'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's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 1-866-672-7640. 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 the 
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. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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.

    Dated at Rockville, Maryland, this 22nd day of April, 2015.

    For the Nuclear Regulatory Commission.

Scott W. Moore,

Acting Director, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2015-12664 Filed 5-26-15; 8:45 am]
 BILLING CODE 7590-01-P