In the Matter of PSEG Nuclear LLC, Hope Creek and Salem Generating Stations; Independent Spent Fuel Storage Installation; Order Modifying License (Effective Immediately), 25124-25126 [E5-2345]
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25124
Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area 01F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner/requestor is aware and on
which the petitioner/requestor intends
to rely to establish those facts or expert
opinion. The petitioner/requestor must
provide sufficient information to show
that a genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
VerDate jul<14>2003
19:04 May 11, 2005
Jkt 205001
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(I)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed 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; (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 should
also be sent to the Office of the General
PO 00000
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Fmt 4703
Sfmt 4703
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 Bryan A. Snapp, Esquire, Assoc.
General Counsel, PPL Services
Corporation, 2 North Ninth St.,
GENTW3, Allentown, PA 18101–1179,
attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated April 27, 2005, as
supplemented by letter dated May 4,
2005, which are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site https://www.nrc.gov/readingrm.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland, this 5th day
of May 2005.
For the Nuclear Regulatory Commission.
Richard V. Guzman,
Project Manager, Section 1, Project
Directorate I, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–2339 Filed 5–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–48; EA–05–087]
In the Matter of PSEG Nuclear LLC,
Hope Creek and Salem Generating
Stations; 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,
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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
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 Hope
Creek and Salem Generating Stations
Independent Spent Fuel Storage
Installation Order Modifying License
(Effective Immediately).
II. Further Information
I
PSEG Nuclear LLC (PSEG) 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
72.212(b)(5) and 10 CFR 73.55(h)(1)
require PSEG 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
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19:04 May 11, 2005
Jkt 205001
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
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
PSEG is implementing prudent
measures to achieve a consistent level of
protection to address the current threat
1 Attachment 1 contains SAFEGUARDS
INFORMATION and will not be released to the
public.
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
25125
environment, PSEG’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. PSEG 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 PSEG’s
security plan. PSEG 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. PSEG 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 PSEG to be in
violation of the provisions of any
Commission regulation or the facility
license. The notification shall provide
PSEG’s justification for seeking relief
from or variation of any specific
requirement.
2. If PSEG considers that
implementation of any of the
requirements described in Attachment 1
to this Order would adversely impact
the safe storage of spent fuel, PSEG 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
E:\FR\FM\12MYN1.SGM
12MYN1
25126
Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices
approach is appropriate, PSEG 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. PSEG 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. PSEG 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 72.212(b)(5), all measures
implemented or actions taken in
response to this Order shall be
maintained until the Commission
determines otherwise.
PSEG’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 PSEG of good cause.
IV
In accordance with 10 CFR 2.202,
PSEG 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
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19:04 May 11, 2005
Jkt 205001
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 I at 475 Allendale Road,
King of Prussia, PA 19406; 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 PSEG 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 2.714(d).
If a hearing is requested by PSEG 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),
PSEG 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.
PO 00000
Dated this 5th day of May, 2005.
Frm 00113
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Acting Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E5–2345 Filed 5–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–48; EA–05–086]
In the Matter of PSEG Nuclear LLC,
Hope Creek and Salem Generating
Stations; Independent Spent Fuel
Storage Installation; Order Modifying
License (Effective Immediately)
Nuclear Regulatory
Commission.
AGENCY:
Issuance of Order for
implementation of interim safeguards
and security compensatory measures.
ACTION:
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 Hope
Creek and Salem Generating Station
Independent Spent Fuel Storage
Installation Order Modifying License
(Effective Immediately).
II. Further Information
I
PSEG Nuclear LLC (PSEG) has been
issued a general license by the U.S.
Nuclear Regulatory Commission (NRC
or the Commission) authorizing storage
of spent fuel in an independent spent
fuel storage installation (ISFSI) in
accordance with the Atomic Energy Act
of 1954, 10 CFR Part 50, and 10 CFR
Part 72. This Order is being issued to
PSEG who has identified near-term
plans to store spent fuel in an ISFSI
under the general license provisions of
10 CFR Part 72. The Commission
regulations at 10 CFR 72.212(b)(5) and
10 CFR 73.55(h)(1) require PSEG to
maintain safeguards contingency plan
procedures in accordance with 10 CFR
Part 73, Appendix C. Specific
safeguards requirements are contained
in 10 CFR 73.55.
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Notices]
[Pages 25124-25126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2345]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-48; EA-05-087]
In the Matter of PSEG Nuclear LLC, Hope Creek and Salem
Generating Stations; 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,
[[Page 25125]]
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 Hope Creek and Salem Generating
Stations Independent Spent Fuel Storage Installation Order Modifying
License (Effective Immediately).
II. Further Information
I
PSEG Nuclear LLC (PSEG) 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 72.212(b)(5) and 10 CFR 73.55(h)(1) require PSEG 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 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 PSEG is implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, PSEG'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. PSEG 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 PSEG's security plan.
PSEG 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. PSEG 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 PSEG to be in
violation of the provisions of any Commission regulation or the
facility license. The notification shall provide PSEG's justification
for seeking relief from or variation of any specific requirement.
2. If PSEG considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact the safe
storage of spent fuel, PSEG 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
[[Page 25126]]
approach is appropriate, PSEG 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. PSEG 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. PSEG 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 72.212(b)(5), all
measures implemented or actions taken in response to this Order shall
be maintained until the Commission determines otherwise.
PSEG'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 PSEG of good cause.
IV
In accordance with 10 CFR 2.202, PSEG 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 I at
475 Allendale Road, King of Prussia, PA 19406; 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 PSEG 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 2.714(d).
If a hearing is requested by PSEG 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), PSEG 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. E5-2345 Filed 5-11-05; 8:45 am]
BILLING CODE 7590-01-P
