In the Matter of Pacific Gas and Electric Diablo Canyon Nuclear Power Plant Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately), 25119-25121 [E5-2342]
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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852,
Attention: Rulemaking and
Adjudications Staff; (3) e-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
HEARINGDOCKET@NRC.GOV; or (4)
facsimile transmission addressed to the
Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC, Attention: Rulemakings and
Adjudications Staff at 301–415–1101,
verification number is 301–415–1966. A
copy of the request for hearing and
petition for leave to intervene must also
be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and it is requested that copies be
transmitted either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy
of the request for hearing and petition
for leave to intervene should also be
sent to the attorney for the applicant.
Attorney for the Applicant: Jonathan
Rogoff, Esq., Vice President, Counsel &
Secretary, Nuclear Management
Company, LLC, 700 First Street,
Hudson, WI 54016.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition, request and/or
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(a)(1)(I)–(viii).
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at
https://www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating license for
Monticello Nuclear Generating Plant,
are available for public inspection at the
Commission’s PDR, located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852–
2738, and at
https://www.nrc.gov/reactors/operating/
licensing/renewal/applications.html on
the NRC’s Web site while the
application is under review. The NRC
maintains an Agencywide Documents
Access and Management System
(ADAMS), which provides text and
image files of NRC’s public documents.
These documents may be accessed
through the NRC’s Public Electronic
Reading Room on the Internet at
VerDate jul<14>2003
19:04 May 11, 2005
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https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML050880237. Persons who do
not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS, may
contact the NRC Public Document Room
(PDR) Reference staff at 1–800–397–
4209, 301–415–4737, or by e-mail to
pdr@nrc.gov.
The staff has verified that a copy of
the license renewal application is also
available to local residents near the
Monticello Nuclear Generating Plant, at
the Monticello Public Library, 200 West
6th Street, Monticello, MN 55362.
Dated at Rockville, Maryland, this 5th day
of May, 2005.
For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and
Environmental Impacts Program, Division of
Regulatory Improvement Programs, Office of
Nuclear Reactor Regulation.
[FR Doc. E5–2341 Filed 5–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–26; License No. SNM–2511;
EA–05–089]
In the Matter of Pacific Gas and
Electric Diablo Canyon Nuclear Power
Plant Independent Spent Fuel Storage
Installation Order Modifying License
(Effective Immediately)
Nuclear Regulatory
Commission.
ACTION: Issuance of order for
implementation of additional security
measures associated with access
authorization.
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. Introduction
Pursuant to 10 CFR 2.106, the Nuclear
Regulatory Commission (NRC) is
providing notice in the matter of Diablo
Canyon Nuclear Power Plant
Independent Spent Fuel Storage
Installation Order Modifying License
(Effective Immediately).
II. Further Information
I. Pacific Gas and Electric (PG&E)
holds a license issued by the U.S.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
25119
Nuclear Regulatory Commission (NRC
or the Commission) authorizing the
operation of an Independent Spent Fuel
Storage Installation (ISFSI) in
accordance with the Atomic Energy Act
of 1954 and title 10 of the Code of
Federal Regulations (10 CFR) part 50
and 10 CFR part 72. Commission
regulations at 10 CFR 72.184 require
PG&E to have a safeguards contingency
plan to respond to threats of radiological
sabotage and to protect the spent fuel
against the threat of radiological
sabotage.
Inasmuch as an insider has an
opportunity equal to or greater than any
other person to commit radiological
sabotage, the Commission has
determined these measures to be
prudent. This Order has been issued to
all licensees who currently store spent
fuel or have identified near-term plans
to store spent fuel in an ISFSI.
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. On October
16, 2002, the Commission issued Orders
to the licensees of operating ISFSIs to
put the actions taken in response to the
Advisories in the established regulatory
framework and to implement additional
security enhancements which emerged
from the NRC’s ongoing comprehensive
review. 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
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
address the current threat environment
in a consistent manner throughout the
nuclear ISFSI community. Therefore,
the Commission is imposing
requirements, as set forth in Attachment
E:\FR\FM\12MYN1.SGM
12MYN1
25120
Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
1 1 of this Order, on all licensees of these
facilities. These requirements, which
supplement existing regulatory
requirements, will 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.
The Commission recognizes that
licensees may have already initiated
many of the measures set forth in
Attachment 1 to this Order in response
to previously issued advisories, the
October 2002 Order, or on their own. It
also recognizes that some measures may
not be possible or necessary at some
sites, or may need to be tailored to
accommodate the specific
circumstances existing at the licensee’s
facility to achieve the intended
objectives and avoid any unforeseen
effect on the safe storage of spent 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 public health and
safety, the Commission concludes that
these actions must be supplemented
further because the current threat
environment continues to persist.
Therefore, it is appropriate to require
certain additional security measures and
these measures must be embodied in an
Order, consistent with the established
regulatory framework.
In order to provide assurance that
PG&E is implementing prudent
measures to achieve a consistent level of
protection to address the current threat
environment, PG&E’s general license
issued pursuant to 10 CFR 72.210 shall
be modified to include the requirements
identified in Attachment 1 to this Order.
In addition, pursuant to 10 CFR 2.202,
the Commission finds that in light of the
common defense and security matters
described above, 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, 72, and 73, it is hereby
ordered, effective immediately, that
your general license is modified as
follows:
A. PG&E shall, notwithstanding the
provisions of any Commission
regulation or license to the contrary,
1 Attachment 1 contains Safeguards Information
and will not be released to the public.
VerDate jul<14>2003
19:04 May 11, 2005
Jkt 205001
comply with the requirements described
in Attachment 1 to this Order except to
the extent that a more stringent
requirement is set forth in the PG&E’s
security plan. PG&E shall immediately
start implementation of the
requirements in Attachment 1 to the
Order and shall complete
implementation no later than October
31, 2005, with the exception of the
additional security measures B.4, which
shall be implemented no later than May
2, 2006, or the first day that spent fuel
is initially placed in the ISFSI,
whichever is later.
B.1. PG&E 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 Attachment 1, (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 PG&E to be
in violation of the provisions of any
Commission regulation or the facility
license. The notification shall provide
PG&E’s justification for seeking relief
from or variation of any specific
requirement.
2. If PG&E considers that
implementation of any of the
requirements described in Attachment 1
to this Order would adversely impact
the safe storage of spent fuel, PG&E
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 1
requirements in question, or a schedule
for modifying the facility to address the
adverse safety condition. If neither
approach is appropriate, PG&E must
supplement its response to Condition
B.1 of this Order to identify the
condition as a requirement with which
it cannot comply, with attendant
justifications as required under
Condition B.1.
C.1. PG&E shall, within twenty (20)
days of this Order, submit to the
Commission a schedule for achieving
compliance with each requirement
described in Attachment 1.
2. PG&E shall report to the
Commission when they have achieved
full compliance with the requirements
described in Attachment 1.
D. Notwithstanding the provisions of
10 CFR 72.186, all measures
implemented or actions taken in
response to this Order shall be
maintained until the Commission
determines otherwise.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
PG&E’s response to Conditions B.1,
B.2, C.1, and C.2, above shall be
submitted in accordance with 10 CFR
72.4. In addition, submittals that
contain Safeguards Information shall be
properly marked and handled in
accordance with 10 CFR 73.21.
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions upon demonstration
by PG&E of good cause.
IV. In accordance with 10 CFR 2.202,
PG&E 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 must be made in writing to
the Director, Office of Nuclear Material
Safety and Safeguards, and the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, and include a statement of
good cause for the extension. The
answer may consent to this Order.
Unless the answer consents to this
Order, the answer 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, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; to the Director, Office of
Enforcement at the same address; to the
Assistant General Counsel for Materials
Litigation and Enforcement at the same
address, to the Regional Administrator
for NRC Region IV at 611 Ryan Plaza
Drive, Suite 400, Arlington, TX 76011–
4005; 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 requests for a 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 General
Counsel either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a
person other than the PG&E requests a
E:\FR\FM\12MYN1.SGM
12MYN1
Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
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 2.714(d).
If a hearing is requested by PG&E 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),
PG&E 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 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 this 5th day of May 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E5–2342 Filed 5–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–26; License No. SNM–2511;
EA–05–088]
Pacific Gas and Electric, Diablo
Canyon Nuclear Power Plant,
Independent Spent FUEL Storage
Installation; Order Modifying License
(Effective Immediately)
Nuclear Regulatory
Commission.
ACTION: Issuance of order for
implementation of interim safeguards
and security compensatory measures.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Cynthia Barr, Project Manager,
Licensing and Inspection Directorate,
Spent Fuel Project Office, Office of
VerDate jul<14>2003
19:04 May 11, 2005
Jkt 205001
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. Introduction
Pursuant to 10 CFR 2.106, the Nuclear
Regulatory Commission (NRC) is
providing notice in the matter of Diablo
Canyon Nuclear Power Plant
Independent Spent Fuel Storage
Installation Order Modifying License
(Effective Immediately).
II. Further Information
I. Pacific Gas and Electric (PG&E or
the Licensee) holds a site-specific
license issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) authorizing storage of
spent fuel in an independent spent fuel
storage installation (ISFSI) in
accordance with the Atomic Energy Act
of 1954 and 10 CFR Part 72. This Order
is being issued to PG&E who has
identified near term plans to store spent
fuel in an ISFSI under the site specific
license provisions of 10 CFR Part 72.
The Commission regulations at 10 CFR
72.184(b) require the licensee to
maintain safeguards contingency plan
procedures in accordance with 10 CFR
Part 73, Appendix C. Specific
safeguards requirements are contained
in 10 CFR Part 73.
II. On September 11, 2001, terrorists
simultaneously attacked targets in New
York, N.Y., 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. 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 and other governmental
agencies, the Commission has
determined that certain compensatory
measures are required to be
implemented by the Licensee as
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
25121
prudent, interim measures to address
the current threat environment in a
consistent manner throughout the
nuclear ISFSI community. Therefore,
the Commission is imposing
requirements, as set forth in Attachment
1 1 of this Order, on PG&E who has
indicated near term plans to store spent
fuel in an ISFSI under their site-specific
license issued under the provisions of
10 CFR Part 72. These interim
requirements, which supplement
existing regulatory requirements, will
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.
The Commission recognizes that some
measures may not be possible or
necessary, or may need to be tailored to
accommodate the specific
circumstances existing at PG&E’s facility
to achieve the intended objectives and
avoid any unforeseen effect on the safe
storage of spent fuel.
In order to provide assurance that the
licensees are implementing prudent
measures to achieve a consistent level of
protection to address the current threat
environment, the Commission
concludes that security measures must
be embodied in an Order consistent
with the established regulatory
framework. PG&E’s License No. SNM–
2511 shall be modified to include the
requirements identified in Attachment 1
to this Order. In addition, pursuant to
10 CFR 2.202, I find that in light of the
common defense and security matters
described above, 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 72 and 73, it is hereby ordered,
effective immediately, that the license
identified in this order is modified as
follows:
A. PG&E shall, notwithstanding the
provisions of any Commission
regulation or license to the contrary,
comply with the requirements described
in Attachment 1 to this Order except to
the extent that a more stringent
requirement is set forth in their security
plan. PG&E shall immediately start
implementation of the requirements in
Attachment 1 to the Order and shall
1 Attachment 1 contains SAFEGUARDS
INFORMATION and will not be released to the
public.
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25119-25121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2342]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-26; License No. SNM-2511; EA-05-089]
In the Matter of Pacific Gas and Electric Diablo Canyon Nuclear
Power Plant Independent Spent Fuel Storage Installation Order Modifying
License (Effective Immediately)
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of order for implementation of additional security
measures associated with access authorization.
-----------------------------------------------------------------------
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. Introduction
Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC)
is providing notice in the matter of Diablo Canyon Nuclear Power Plant
Independent Spent Fuel Storage Installation Order Modifying License
(Effective Immediately).
II. Further Information
I. Pacific Gas and Electric (PG&E) holds a license issued by the
U.S. Nuclear Regulatory Commission (NRC or the Commission) authorizing
the operation of an Independent Spent Fuel Storage Installation (ISFSI)
in accordance with the Atomic Energy Act of 1954 and title 10 of the
Code of Federal Regulations (10 CFR) part 50 and 10 CFR part 72.
Commission regulations at 10 CFR 72.184 require PG&E to have a
safeguards contingency plan to respond to threats of radiological
sabotage and to protect the spent fuel against the threat of
radiological sabotage.
Inasmuch as an insider has an opportunity equal to or greater than
any other person to commit radiological sabotage, the Commission has
determined these measures to be prudent. This Order has been issued to
all licensees who currently store spent fuel or have identified near-
term plans to store spent fuel in an ISFSI.
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. On October 16, 2002, the
Commission issued Orders to the licensees of operating ISFSIs to put
the actions taken in response to the Advisories in the established
regulatory framework and to implement additional security enhancements
which emerged from the NRC's ongoing comprehensive review. 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
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 address the current threat
environment in a consistent manner throughout the nuclear ISFSI
community. Therefore, the Commission is imposing requirements, as set
forth in Attachment
[[Page 25120]]
1 \1\ of this Order, on all licensees of these facilities. These
requirements, which supplement existing regulatory requirements, will
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.
---------------------------------------------------------------------------
\1\ Attachment 1 contains Safeguards Information and will not be
released to the public.
---------------------------------------------------------------------------
The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachment 1 to this Order in
response to previously issued advisories, the October 2002 Order, or on
their own. It also recognizes that some measures may not be possible or
necessary at some sites, or may need to be tailored to accommodate the
specific circumstances existing at the licensee's facility to achieve
the intended objectives and avoid any unforeseen effect on the safe
storage of spent 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 public health
and safety, the Commission concludes that these actions must be
supplemented further because the current threat environment continues
to persist. Therefore, it is appropriate to require certain additional
security measures and these measures must be embodied in an Order,
consistent with the established regulatory framework.
In order to provide assurance that PG&E is implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, PG&E's general license issued pursuant to
10 CFR 72.210 shall be modified to include the requirements identified
in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202,
the Commission finds that in light of the common defense and security
matters described above, 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, 72,
and 73, it is hereby ordered, effective immediately, that your general
license is modified as follows:
A. PG&E shall, notwithstanding the provisions of any Commission
regulation or license to the contrary, comply with the requirements
described in Attachment 1 to this Order except to the extent that a
more stringent requirement is set forth in the PG&E's security plan.
PG&E shall immediately start implementation of the requirements in
Attachment 1 to the Order and shall complete implementation no later
than October 31, 2005, with the exception of the additional security
measures B.4, which shall be implemented no later than May 2, 2006, or
the first day that spent fuel is initially placed in the ISFSI,
whichever is later.
B.1. PG&E 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 Attachment 1, (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 PG&E to be in
violation of the provisions of any Commission regulation or the
facility license. The notification shall provide PG&E's justification
for seeking relief from or variation of any specific requirement.
2. If PG&E considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact the safe
storage of spent fuel, PG&E 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 1 requirements in question, or a schedule for modifying
the facility to address the adverse safety condition. If neither
approach is appropriate, PG&E must supplement its response to Condition
B.1 of this Order to identify the condition as a requirement with which
it cannot comply, with attendant justifications as required under
Condition B.1.
C.1. PG&E shall, within twenty (20) days of this Order, submit to
the Commission a schedule for achieving compliance with each
requirement described in Attachment 1.
2. PG&E shall report to the Commission when they have achieved full
compliance with the requirements described in Attachment 1.
D. Notwithstanding the provisions of 10 CFR 72.186, all measures
implemented or actions taken in response to this Order shall be
maintained until the Commission determines otherwise.
PG&E's response to Conditions B.1, B.2, C.1, and C.2, above shall
be submitted in accordance with 10 CFR 72.4. In addition, submittals
that contain Safeguards Information shall be properly marked and
handled in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration by PG&E of good cause.
IV. In accordance with 10 CFR 2.202, PG&E 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 must be made in writing
to the Director, Office of Nuclear Material Safety and Safeguards, and
the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, and include a statement of good cause
for the extension. The answer may consent to this Order. Unless the
answer consents to this Order, the answer 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, U.S. Nuclear Regulatory Commission, Washington, DC
20555; to the Director, Office of Enforcement at the same address; to
the Assistant General Counsel for Materials Litigation and Enforcement
at the same address, to the Regional Administrator for NRC Region IV at
611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-4005; 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 requests for a 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 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 the PG&E requests a
[[Page 25121]]
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 2.714(d).
If a hearing is requested by PG&E 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), PG&E 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 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 this 5th day of May 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-2342 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P
