In the Matter of BNFL Fuel Solutions Corporation and All Other Persons Who Obtain Safeguards Information Described Herein, 12243-12245 [05-4796]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
the Federal Register within thirty days
of receipt of the filing announcing the
Designated Agent’s intent to conduct an
audit.
In accordance with this regulation,
the Office is publishing today’s notice to
fulfill this requirement with respect to
SoundExchange’s notice of intent to
audit.
Dated: March 8, 2005
Tanya M. Sandros,
Associate General Counsel.
[FR Doc. 05–4842 Filed 3–10–05; 8:45 am]
BILLING CODE 1410–33–S
to reserve a seat. Visitors will be
requested to sign a visitor’s register.
Photographs will only be permitted
during the first 10 minutes of the
meeting. During the first 30 minutes of
the meeting, members of the public may
make a 5-minute verbal presentation to
the Panel on the subject of safety in
NASA. To do so, please contact Ms.
Susan Burch on (202) 358–0914 at least
24 hours in advance. Any member of the
public is permitted to file a written
statement with the Panel at the time of
the meeting. Verbal presentations and
written comments should be limited to
the subject of safety in NASA.
Michael F. O’Brien,
Assistant Administrator for External
Relations, National Aeronautics and Space
Administration.
[FR Doc. 05–4769 Filed 3–10–05; 8:45 am]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (05–042)]
Aerospace Safety Advisory Panel
Meeting
BILLING CODE 7510–13–P
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
NUCLEAR REGULATORY
COMMISSION
SUMMARY: In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces a forthcoming meeting of the
Aerospace Safety Advisory Panel.
DATES: Thursday, April 7, 2005, 8:30
a.m. to 10:30 a.m. Pacific Time.
ADDRESSES: Jet Propulsion Laboratory,
Von Karman Auditorium, 4800 Oak
Grove Drive, Pasadena, CA 91109.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark D. Erminger, Aerospace Safety
Advisory Panel Executive Director,
Code Q–1, National Aeronautics and
Space Administration, Washington, DC
20546, (202) 358–0914.
SUPPLEMENTARY INFORMATION: The
Aerospace Safety Advisory Panel will
hold its Quarterly Meeting. This
discussion is pursuant to carrying out
its statutory duties for which the Panel
reviews, identifies, evaluates, and
advises on those program activities,
systems, procedures, and management
activities that can contribute to program
risk. Priority is given to those programs
that involve the safety of human flight.
The major subjects covered will be: Jet
Propulsion Laboratory Programs and
NASA Management. The Aerospace
Safety Advisory Panel is composed of
nine members and one ex-officio
member.
The meeting will be open to the
public up to the seating capacity of the
room (50).
Seating will be on a first-come basis.
Please contact Ms. Susan Burch on (202)
358–0914 at least 24 hours in advance
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
Agency Information Collection
Activities: Proposed Collection;
Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of pending NRC action to
submit an information collection
request to OMB and solicitation of
public comment.
AGENCY:
SUMMARY: The NRC is preparing a
submittal to OMB for review of
continued approval of information
collections under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: Design Information
Questionnaire–IAEA–N–71 and
associated Forms N–72, N–73, N–74, N–
75, N–91, N–92, N–93, N–94.
2. Current OMB approval number:
3150–0056.
3. How often the collection is
required: Approximately 1 time
annually.
4. Who is required or asked to report:
Licensees of facilities on the U.S.
eligible list who have been notified in
writing by the Commission to submit
the form.
5. The number of annual respondents:
1.
6. The number of hours needed
annually to complete the requirement or
request: 360 reporting hours (360 hours
per response).
7. Abstract: Licensees of facilities that
appear on the U.S. eligible list, pursuant
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
12243
to the US/IAEA Safeguards Agreement,
and who have been notified in writing
by the Commission, are required to
complete and submit a Design
Information Questionnaire, IAEA Form
N–71 (and the appropriate associated
IAEA Form) or Form N–91, to provide
information concerning their
installation for use of the International
Atomic Energy Agency.
Submit, by May 10, 2005, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room
located at One White Flint North, 11555
Rockville Pike, Room O–1 F21,
Rockville, MD. OMB clearance requests
are available at the NRC worldwide Web
site (https://www.nrc.gov/public-involve/
doc-comment/omb/). The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Brenda Jo. Shelton, U.S. Nuclear
Regulatory Commission, T–5 F53,
Washington, DC 20555–0001, by
telephone at (301) 415–7233, or by
Internet electronic mail at
INFOCOLLECTS@NRC.GOV.
Dated in Rockville, Maryland, this 3rd day
of March, 2005.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 05–4793 Filed 3–10–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–1007 and EA–05–045]
In the Matter of BNFL Fuel Solutions
Corporation and All Other Persons
Who Obtain Safeguards Information
Described Herein
Nuclear Regulatory
Commission.
AGENCY:
E:\FR\FM\11MRN1.SGM
11MRN1
12244
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
ACTION:
Issuance of Order imposing
requirements for the protection of
certain safeguards information.
not a Licensee of the Commission, who
produces, receives, or acquires
Safeguards Information.
FOR FURTHER INFORMATION CONTACT:
II
Cynthia Barr, Project Manager,
Licensing and Inspection Directorate,
Spent Fuel Project Office, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–4015; fax number: (301) 415–8555;
e-mail CSB2@nrc.gov.
SUPPLEMENTARY INFORMATION:
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the Atomic
Energy Act of 1954, as amended, grants
the Commission explicit authority to
‘‘issue such orders, as necessary to
prohibit the unauthorized disclosure of
safeguards information * * *’’. This
authority extends to information
concerning special nuclear material,
source material, and byproduct material,
as well as production and utilization
facilities. Licensees and all persons who
produce, receive, or acquire Safeguards
Information must ensure proper
handling and protection of Safeguards
Information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of Safeguards Information as contained
in 10 CFR 73.21. The Commission
hereby provides notice that it intends to
treat all violations of the requirements
contained in 10 CFR 73.21, applicable to
the handling and unauthorized
disclosure of Safeguards Information, as
serious breaches of adequate protection
of the public health and safety and the
common defense and security of the
United States. Access to Safeguards
Information is limited to those persons
who have established the need-to-know
the information, and are considered to
be trustworthy and reliable. A need-toknow means a determination by a
person having responsibility for
protecting Safeguards Information that a
proposed recipient’s access to
Safeguards Information is necessary in
the performance of official, contractual,
or duties of employment. Licensees and
all other persons who obtain Safeguards
Information must ensure that they
develop, maintain and implement strict
policies and procedures for the proper
handling of Safeguards Information to
prevent unauthorized disclosure, in
accordance with the requirements in 10
CFR 73.21. BNFL must ensure that all
contractors whose employees may have
access to Safeguards Information either
adhere to the licensee’s policies and
I
In accordance with the Atomic Energy
Act of 1954 and 10 CFR Part 72, BNFL
Fuel Solutions Corporation, (BNFL)
holds Certificate of Compliance No.
1007 for the Model No. Ventilated
Storage Cask (VSC–24). In a phone call
on January 31, 2005, BNFL agreed to
meet with the U.S. Nuclear Regulatory
Commission (NRC) staff with Safeguards
Information security measures in place.
The purpose of the meeting(s) is to
discuss the NRC’s engineering
evaluations performed to evaluate the
safety and security of an array of VSC–
24 storage casks. The meeting(s) will be
closed to the public.
Following the September 11, 2001,
simultaneous terrorist events at the
World Trade Center (WTC) in New York
City and at the Pentagon in Virginia, the
U.S. Government issued a nationwide
alert for the potential of additional
terrorist acts within the United States.
The NRC initiated a comprehensive
review of all NRC-licensed activities to
evaluate those activities against threats.
As part of that review, U.S. Nuclear
Regulatory Commission initiated an
engineering study to assess the
consequences of a terrorist event,
similar in magnitude to the WTC and
Pentagon, on spent nuclear fuel
transportation packages and storage
casks. The NRC staff intends to discuss
specific information on the engineering
evaluations performed for the VSC–24
storage casks with BNFL. However, the
Commission has determined that the
material to be discussed at the
meeting(s) is Safeguards Information,
will not be released to the public, and
must be protected from unauthorized
disclosure. Therefore, the Commission
is imposing the requirements, as set
forth in 10 CFR 73.21, so that BNFL can
receive this information for review and
comment at the closed meeting. This
Order also imposes requirements for the
protection of Safeguards Information in
the hands of any person 1, whether or
1 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
or private institution, group, government agency
other than the Commission or the Department,
except that the Department shall be considered a
person with respect to those facilities of the
Department specified in section 202 of the Energy
Reorganization Act of 1974 (88 Stat. 1244), any
State or any political subdivision of, or any political
entity within a State, any foreign government or
nation or any political subdivision of any such
government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of
the foregoing.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
procedures on Safeguards Information
or develop, maintain and implement
their own acceptable policies and
procedures. BNFL remains responsible
for the conduct of their contractors. The
policies and procedures necessary to
ensure compliance with applicable
requirements contained in 10 CFR 73.21
must address, at a minimum, the
following: The general performance
requirement that each person who
produces, receives, or acquires
Safeguards Information shall ensure that
Safeguards Information is protected
against unauthorized disclosure;
protection of Safeguards Information at
fixed sites, in use and in storage, and
while in transit; correspondence
containing Safeguards Information;
access to Safeguards Information;
preparation, marking, reproduction and
destruction of documents; external
transmission of documents; use of
automatic data processing systems; and
removal of the Safeguards Information
category.
In order to provide assurance that
BNFL is implementing prudent
measures to achieve a consistent level of
protection, to prohibit the unauthorized
disclosure of Safeguards Information,
BNFL shall implement the requirements
identified in 10 CFR 73.21. The
Commission recognizes that BNFL may
have already initiated many of the
measures set forth in 10 CFR 73.21 to
this Order for handling of Safeguards
Information in conjunction with a
previous NRC 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, safety and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections 53,
57, 62, 63, 81, 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 72, it is hereby ordered, effective
immediately, that BNFL and all other
persons who produce, receive, or
acquire the safeguards information
described above, and any related
safeguards information, shall comply
with the requirements of 10 CFR 73.21.
The Director, Office of Nuclear
Materials Safety and Safeguards, may in
writing, relax or rescind any of the
above conditions upon demonstration
by the licensee.
IV
In accordance with 10 CFR 2.202,
BNFL must, and any other person
adversely affected by this Order may,
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
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 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. Any
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,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
and to BNFL if the hearing request is by
a person other than BNFL. Because of
possible disruptions in delivery of mail
to United States Government offices, it
is requested that 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 hearingdocket@nrc.gov
and also to the Office of the General
Counsel either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a
person other than BNFL 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 2.714(d).
If a hearing is requested by BNFL 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),
BNFL 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
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
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. A request for
hearing shall not stay the immediate
effectiveness of this Order.
Dated this 3rd day of March 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05–4796 Filed 3–10–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 71–9010 and 71–9270; EA–05–
045]
In the Matter of NAC International, Inc.,
and All Other Persons Who Obtain
Safeguards Information Described
Herein
Nuclear Regulatory
Commission.
ACTION: Issuance of Order imposing
requirements for the protection of
certain safeguards information.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Cynthia Barr, Project Manager,
Licensing and Inspection Directorate,
Spent Fuel Project Office, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–4015; fax number: (301) 415–8555;
e-mail CSB2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
In accordance with the Atomic Energy
Act of 1954 and 10 CFR Part 71, NAC
International, Inc., (NAC) holds
Certificate of Compliance Nos. 9010 for
the Model No. NLI 1/2 and 9270 for the
Model No. NAC–UMS transportation
packages. In a phone call on January 27,
2005, NAC agreed to meet with the U.S.
Nuclear Regulatory Commission (NRC)
staff with Safeguards Information
security measures in place. The purpose
of the meeting(s) is to discuss the NRC’s
engineering evaluations performed to
evaluate the safety and security of a
single NLI 1/2 and an array of NAC–
UMS transportation packages. The
meeting(s) will be closed to the public.
Following the September 11, 2001,
simultaneous terrorist events at the
World Trade Center (WTC) in New York
City and at the Pentagon in Virginia, the
U.S. Government issued a nationwide
alert for the potential of additional
terrorist acts within the United States.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
12245
The NRC initiated a comprehensive
review of all NRC-licensed activities to
evaluate those activities against threats.
As part of that review, U.S. Nuclear
Regulatory Commission initiated an
engineering study to assess the
consequences of a terrorist event,
similar in magnitude to the WTC and
Pentagon, on spent nuclear fuel
transportation packages. The NRC staff
intends to discuss specific information
on the engineering evaluations
performed for the NLI 1/2 and NAC–
UMS transportation packages with NAC.
However, the Commission has
determined that the material to be
discussed at the meeting(s) is
Safeguards Information, will not be
released to the public, and must be
protected from unauthorized disclosure.
Therefore, the Commission is imposing
the requirements, as set forth in 10 CFR
73.21, so that NAC can receive this
information for review and comment at
the closed meeting. This Order also
imposes requirements for the protection
of Safeguards Information in the hands
of any person,1 whether or not a
Licensee of the Commission, who
produces, receives, or acquires
Safeguards Information.
II
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the Atomic
Energy Act of 1954, as amended, grants
the Commission explicit authority to
‘‘issue such orders, as necessary to
prohibit the unauthorized disclosure of
safeguards information * * *’’. This
authority extends to information
concerning special nuclear material,
source material, and byproduct material,
as well as production and utilization
facilities. Licensees and all persons who
produce, receive, or acquire Safeguards
Information must ensure proper
handling and protection of Safeguards
Information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of Safeguards Information as contained
in 10 CFR 73.21. The Commission
hereby provides notice that it intends to
1 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the Department,
except that the Department shall be considered a
person with respect to those facilities of the
Department specified in section 202 of the Energy
Reorganization Act of 1974 (88 Stat. 1244), any
State or any political subdivision of, or any political
entity within a State, any foreign government or
nation or any political subdivision of any such
government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of
the foregoing.
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12243-12245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4796]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1007 and EA-05-045]
In the Matter of BNFL Fuel Solutions Corporation and All Other
Persons Who Obtain Safeguards Information Described Herein
AGENCY: Nuclear Regulatory Commission.
[[Page 12244]]
ACTION: Issuance of Order imposing requirements for the protection of
certain safeguards information.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager,
Licensing and Inspection Directorate, Spent Fuel Project Office, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Rockville, MD 20852. Telephone: (301) 415-4015; fax number:
(301) 415-8555; e-mail CSB2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
In accordance with the Atomic Energy Act of 1954 and 10 CFR Part
72, BNFL Fuel Solutions Corporation, (BNFL) holds Certificate of
Compliance No. 1007 for the Model No. Ventilated Storage Cask (VSC-24).
In a phone call on January 31, 2005, BNFL agreed to meet with the U.S.
Nuclear Regulatory Commission (NRC) staff with Safeguards Information
security measures in place. The purpose of the meeting(s) is to discuss
the NRC's engineering evaluations performed to evaluate the safety and
security of an array of VSC-24 storage casks. The meeting(s) will be
closed to the public.
Following the September 11, 2001, simultaneous terrorist events at
the World Trade Center (WTC) in New York City and at the Pentagon in
Virginia, the U.S. Government issued a nationwide alert for the
potential of additional terrorist acts within the United States. The
NRC initiated a comprehensive review of all NRC-licensed activities to
evaluate those activities against threats. As part of that review, U.S.
Nuclear Regulatory Commission initiated an engineering study to assess
the consequences of a terrorist event, similar in magnitude to the WTC
and Pentagon, on spent nuclear fuel transportation packages and storage
casks. The NRC staff intends to discuss specific information on the
engineering evaluations performed for the VSC-24 storage casks with
BNFL. However, the Commission has determined that the material to be
discussed at the meeting(s) is Safeguards Information, will not be
released to the public, and must be protected from unauthorized
disclosure. Therefore, the Commission is imposing the requirements, as
set forth in 10 CFR 73.21, so that BNFL can receive this information
for review and comment at the closed meeting. This Order also imposes
requirements for the protection of Safeguards Information in the hands
of any person \1\, whether or not a Licensee of the Commission, who
produces, receives, or acquires Safeguards Information.
---------------------------------------------------------------------------
\1\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the
Department, except that the Department shall be considered a person
with respect to those facilities of the Department specified in
section 202 of the Energy Reorganization Act of 1974 (88 Stat.
1244), any State or any political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and (2) any legal successor, representative, agent, or
agency of the foregoing.
---------------------------------------------------------------------------
II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of Safeguards Information. Section
147 of the Atomic Energy Act of 1954, as amended, grants the Commission
explicit authority to ``issue such orders, as necessary to prohibit the
unauthorized disclosure of safeguards information * * *''. This
authority extends to information concerning special nuclear material,
source material, and byproduct material, as well as production and
utilization facilities. Licensees and all persons who produce, receive,
or acquire Safeguards Information must ensure proper handling and
protection of Safeguards Information to avoid unauthorized disclosure
in accordance with the specific requirements for the protection of
Safeguards Information as contained in 10 CFR 73.21. The Commission
hereby provides notice that it intends to treat all violations of the
requirements contained in 10 CFR 73.21, applicable to the handling and
unauthorized disclosure of Safeguards Information, as serious breaches
of adequate protection of the public health and safety and the common
defense and security of the United States. Access to Safeguards
Information is limited to those persons who have established the need-
to-know the information, and are considered to be trustworthy and
reliable. A need-to-know means a determination by a person having
responsibility for protecting Safeguards Information that a proposed
recipient's access to Safeguards Information is necessary in the
performance of official, contractual, or duties of employment.
Licensees and all other persons who obtain Safeguards Information must
ensure that they develop, maintain and implement strict policies and
procedures for the proper handling of Safeguards Information to prevent
unauthorized disclosure, in accordance with the requirements in 10 CFR
73.21. BNFL must ensure that all contractors whose employees may have
access to Safeguards Information either adhere to the licensee's
policies and procedures on Safeguards Information or develop, maintain
and implement their own acceptable policies and procedures. BNFL
remains responsible for the conduct of their contractors. The policies
and procedures necessary to ensure compliance with applicable
requirements contained in 10 CFR 73.21 must address, at a minimum, the
following: The general performance requirement that each person who
produces, receives, or acquires Safeguards Information shall ensure
that Safeguards Information is protected against unauthorized
disclosure; protection of Safeguards Information at fixed sites, in use
and in storage, and while in transit; correspondence containing
Safeguards Information; access to Safeguards Information; preparation,
marking, reproduction and destruction of documents; external
transmission of documents; use of automatic data processing systems;
and removal of the Safeguards Information category.
In order to provide assurance that BNFL is implementing prudent
measures to achieve a consistent level of protection, to prohibit the
unauthorized disclosure of Safeguards Information, BNFL shall implement
the requirements identified in 10 CFR 73.21. The Commission recognizes
that BNFL may have already initiated many of the measures set forth in
10 CFR 73.21 to this Order for handling of Safeguards Information in
conjunction with a previous NRC 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, safety and interest require that this Order be effective
immediately.
III
Accordingly, pursuant to Sections 53, 57, 62, 63, 81, 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 72, it is
hereby ordered, effective immediately, that BNFL and all other persons
who produce, receive, or acquire the safeguards information described
above, and any related safeguards information, shall comply with the
requirements of 10 CFR 73.21.
The Director, Office of Nuclear Materials Safety and Safeguards,
may in writing, relax or rescind any of the above conditions upon
demonstration by the licensee.
IV
In accordance with 10 CFR 2.202, BNFL must, and any other person
adversely affected by this Order may,
[[Page 12245]]
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 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. Any 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, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address, and to BNFL
if the hearing request is by a person other than BNFL. Because of
possible disruptions in delivery of mail to United States Government
offices, it is requested that 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 hearingdocket@nrc.gov and
also to the Office of the General Counsel either by means of facsimile
transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If
a person other than BNFL 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 2.714(d).
If a hearing is requested by BNFL 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), BNFL 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. A request for hearing shall not stay the immediate
effectiveness of this Order.
Dated this 3rd day of March 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 05-4796 Filed 3-10-05; 8:45 am]
BILLING CODE 7590-01-P
