In the Matter of Certain Power Reactor Licensees and Research Reactor Licensees Who Transport Spent Nuclear Fuel; Order Modifying License (Effective Immediately), 35462-35464 [E5-3175]
Download as PDF
<![CDATA[
35462
Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
the following areas: General
information, organization and
administration, Integrated Safety
Analysis (ISA) and ISA Summary,
radiation protection, nuclear criticality
safety, chemical process safety, fire
safety, emergency management,
environmental protection,
decommissioning, management
measures, materials control and
accountability, and physical protection.
The NRC is planning to conduct a
public meeting in New Mexico to
provide an overview of the staff’s safety
review and to address any comments or
questions relating to the issuance of the
SER.
The SER
(NUREG–1827) is available for
inspection and copying for a fee at the
NRC’s Public Document Room, located
at One White Flint North, Public File
Area O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. The Public
Document Room is open from 7:45 a.m.
to 4:15 p.m., Monday through Friday,
except on Federal holidays.
Publicly available records will be
accessible electronically from the
Agency-wide Documents Access and
Management Systems (ADAMS) Public
Electronic Reading Room, and on the
Internet at the NRC Web site, https://
www.nrc.gov/NRC/ADAMS/.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC Public
Document Room Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Timothy C. Johnson, Mail Stop: T–8F42,
Special Projects Branch, Division of
Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Telephone: (301) 415–7299, and
e-mail: tcj@nrc.gov.
Dated at Rockville, Maryland, this 14th day
of June, 2005.
For the Nuclear Regulatory Commission.
James W. Clifford,
Acting Branch Chief, Special Projects Branch,
Division of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E5–3174 Filed 6–17–05; 8:45 am]
BILLING CODE 7590–01–P
VerDate jul<14>2003
17:24 Jun 17, 2005
Jkt 205001
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–331]
Nuclear Management Company; Notice
of Partial Denial of Amendment to
Facility Operating License and
Opportunity for Hearing
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has denied a request by Nuclear
Management Company, LLC (the
licensee) for an amendment to Facility
Operating License No. DPR–49 issued to
the licensee for operation of the Duane
Arnold Energy Center, located in Linn
County, Iowa.
Notice of Consideration of Issuance of
this amendment was published in the
Federal Register on April 13, 2004 (69
FR 19571).
The purpose of the licensee’s
amendment request was to revise the
Technical Specifications (TS) to reflect
adoption of Technical Specifications
Task Force (TSTF) traveler numbers
264, 273, 284, and 299.
The NRC staff has concluded that the
portion of the licensee’s request to adopt
TSTF–264 and revise TS 3.3.1.1 cannot
be granted. The licensee was notified of
the Commission’s denial of the
proposed change by a letter dated June
14, 2005.
By 30 days from the date of
publication of this notice in the Federal
Register, the licensee may demand a
hearing with respect to the denial
described above. Any person whose
interest may be affected by this
proceeding may file a written petition
for leave to intervene pursuant to the
requirements of Title 10 of the Code of
Federal Regulations Section 2.309.
A request for hearing or petition for
leave to intervene must be filed with the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001 Attention:
Rulemakings and Adjudications Staff, or
may be delivered to 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, by the
above date. Because of continuing
disruptions in delivery to mail to U.S.
Government offices, it is requested that
petitions for leave to intervene and
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. A copy of any
petitions should also be sent to the
Office of the General Counsel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, and
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
because of continuing disruptions in
delivery of mail to the U.S. Government
offices, 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 any petitions should also be sent to
Bradley D. Jackson, Esq., Foley and
Lardner, P.O. Box 1497, Madison, WI
53701–1497, attorney for the licensee.
For further details with respect to this
action, see (1) the application for
amendment dated January 28, 2004, as
supplemented by letter dated November
22, 2004, and (2) the Commission’s
letter to the licensee dated June 14,
2005.
Documents may be examined, and/or
copied for a fee, at the NRC’s PDR,
located at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland, and will be accessible
electronically through the Agencywide
Documents Access and Management
System’s Public Electronic Reading
Room link at the NRC Web site https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing 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 14th day
of June 2005.
For the Nuclear Regulatory Commission.
Ho K. Nieh,
Acting Director, Project Directorate III–1,
Division of Licensing Project Management,
Office of Nuclear Reactor Regulation.
[FR Doc. E5–3177 Filed 6–17–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos: (Redacted), License Nos:
(Redacted), EA (Redacted)]
In the Matter of Certain Power Reactor
Licensees and Research Reactor
Licensees Who Transport Spent
Nuclear Fuel; Order Modifying License
(Effective Immediately)
I.
The licensees identified in
Attachment 1 to this Order have been
issued a specific license by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) authorizing the
possession of spent nuclear fuel and a
general license authorizing the
transportation of spent nuclear fuel [in
a transportation package approved by
the Commission] in accordance with the
Atomic Energy Act of 1954, as amended,
E:\FR\FM\20JNN1.SGM
20JNN1
Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
and 10 CFR Parts 50 and 71. This Order
is being issued to all such licensees who
transport spent nuclear fuel.
Commission regulations for the
shipment of spent nuclear fuel at 10
CFR 73.37(a) require these licensees to
maintain a physical protection system
that meets the requirements contained
in 10 CFR 73.37(b), (c), (d), and (e).
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 or regulated
activity. 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, the Commission has
determined that certain additional
security measures are required to be
implemented by licensees as prudent,
interim measures, to address the current
threat environment in a consistent
manner. Therefore, the Commission is
imposing requirements, as set forth in
Attachment 2 of this Order, on all
licensees identified in Attachment 1 of
this Order.1 These additional security
requirements, which supplement
existing regulatory requirements, will
provide the Commission with
reasonable assurance that the 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 2 to this Order in response
to previously issued Safeguards and
Threat Advisories or on their own. It is
also recognized that some measures may
1 Attachments 1 and 2 contain SAFEGUARDS
INFORMATION and will not be released to the
public.
VerDate jul<14>2003
17:24 Jun 17, 2005
Jkt 205001
not be possible or necessary for all
shipments of spent nuclear fuel, or may
need to be tailored to accommodate the
licensees’ specific circumstances to
achieve the intended objectives and
avoid any unforeseen effect on the safe
transport of spent nuclear 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 common defense
and security, in light of the current
threat environment, the Commission
concludes that the security measures
must be embodied in an Order
consistent with the established
regulatory framework. In order to
provide assurance that licensees are
implementing prudent measures to
achieve a consistent level of protection
to address the current threat
environment, all licenses identified in
Attachment 1 to this Order shall be
modified to include the requirements
identified in Attachment 2 to this Order.
In addition, pursuant to 10 CFR 2.202,
and in light of the common defense and
security matters identified above which
warrant the issuance of this Order, the
Commission finds that 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 and 71, it is hereby ordered,
effective immediately, that all licenses
identified in attachment 1 to this order
are modified as follows:
A. All licensees shall,
notwithstanding the provisions of any
Commission regulation or license to the
contrary, comply with the requirements
described in Attachment 2 to this Order
except to the extent that a more
stringent requirement is set forth in the
licensee’s security plan. The licensees
shall immediately start implementation
of the requirements in Attachment 2 to
the Order and shall complete
implementation by July 10, 2005, unless
otherwise specified in Attachment 2, or
before the first shipment after July 10,
2005, whichever is earlier.
B. 1. All licensees shall, within
twenty (20) days of the date of this
Order, notify the Commission, (1) if they
are unable to comply with any of the
requirements described in Attachment
2, (2) if compliance with any of the
requirements is unnecessary in their
specific circumstances, or (3) if
implementation of any of the
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
35463
requirements would cause the licensee
to be in violation of the provisions of
any Commission regulation or the
facility license. The notification shall
provide the licensee’s justification for
seeking relief from or variation of any
specific requirement.
2. Any licensee that considers that
implementation of any of the
requirements described in Attachment 2
to this Order would adversely impact
the safe transport of spent fuel 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 2
requirement in question, or a schedule
for modifying the activity to address the
adverse safety condition. If neither
approach is appropriate, the licensee
must supplement its response to
Condition B1 of this Order to identify
the condition as a requirement with
which it cannot comply, with attendant
justifications as required in Condition
B1.
C. 1. All licensees shall, within
twenty (20) days of the date of this
Order, submit to the Commission a
schedule for achieving compliance with
each requirement described in
Attachment 2.
2. All licensees shall report to the
Commission when they have achieved
full compliance with the requirements
described in Attachment 2.
D. Notwithstanding any provisions of
the Commission’s regulations to the
contrary, all measures implemented or
actions taken in response to this Order
shall be maintained until the
Commission determines otherwise.
Licensee responses to Conditions B1,
B2, C1, and C2 above, shall be
submitted to the NRC to the attention of
the Director, Office of Nuclear Reactor
Regulation under 10 CFR 50.4. In
addition, licensee submittals that
contain Safeguards Information shall be
properly marked and handled in
accordance with 10 CFR 73.21.
The Director, Office of Nuclear
Reactor Regulation, may, in writing,
relax or rescind any of the above
conditions upon demonstration by the
licensee of good cause.
IV.
In accordance with 10 CFR 2.202, the
licensee 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
E:\FR\FM\20JNN1.SGM
20JNN1
35464
Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
the time to request a hearing. A request
for extension of time in which to submit
an answer or request a hearing must be
made in writing to the Director, Office
of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, 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
20555–0001. Copies also shall be sent to
the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, to the Assistant General Counsel
for Materials Litigation and Enforcement
at the same address; to the Regional
Administrator for NRC Region I, II, III,
or IV, as appropriate for the specific
facility; and to the licensee if the answer
or hearing request is by a person other
than the licensee. Because of potential
disruptions in delivery of mail to United
States Government offices, it is
requested that answers and 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 the Licensee requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.714(d).
If a hearing is requested by the
licensee 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), the
licensee 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
VerDate jul<14>2003
17:24 Jun 17, 2005
Jkt 205001
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 at Rockville, Maryland, this 10th day
of June 2005.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–3175 Filed 6–17–05; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 1–05901]
assets and liabilities. Upon the transfer
to the liquidating trust, the Plan
required that the Issuer file a certificate
of dissolution with the State of
Delaware. The Issuer stated that the last
day of trading in the Security on the
Amex was May 27, 2005.
The Issuer stated in its application
that it has met the requirements of
Amex Rule 18 by complying with all
applicable laws in effect in the state of
Delaware, in which it is incorporated,
and provided written notice of
withdrawal to Amex.
The Issuer’s application relates solely
to withdrawal of the Security from
listing on the Amex and from
registration under Section 12(b) of the
Act,3 and shall not affect its obligation
to be registered under Section 12(g) of
the Act.4
Any interested person may, on or
before July 6, 2005, comment on the
facts bearing upon whether the
application has been made in
accordance with the rules of Amex, and
what terms, if any, should be imposed
by the Commission for the protection of
investors. All comment letters may be
submitted by either of the following
methods:
June 13, 2005.
On May 31, 2005, Fab Industries, Inc.,
a Delaware corporation (‘‘Issuer’’), filed
an application with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 12(d) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 12d2–2(d)
thereunder,2 to withdraw its common
stock, $.20 par value (‘‘Security’’), from
listing and registration on the American
Stock Exchange LLC (‘‘Amex’’).
On May 23, 2005, the Board of
Directors (‘‘Board’’) of the Issuer
approved a resolution to withdraw the
Security from listing and registration on
Amex. On March 1, 2002, the Board
adopted resolutions authorizing, subject
to stockholder approval, the sale of the
Issuer’s business pursuant to a Plan of
Liquidation and Dissolution (‘‘Plan’’).
The Issuer’s stockholders approved the
Plan at the Issuer’s annual meeting on
May 30, 2002. Pursuant to the Plan, the
Issuer was required to transfer its assets
and liabilities to a liquidating trust on
May 30, 2005. The liquidating trust will
succeed to all of the Issuer’s remaining
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/delist.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–05901 or;
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
Number 1–05901. This file number
should be included on the subject line
if e-mail is used. To help us process and
review your comments more efficiently,
please use only one method. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/delist.shtml).
Comments are also available for public
inspection and copying in the
Commission’s Public Reference Room.
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
The Commission, based on the
information submitted to it, will issue
Issuer Delisting; Notice of Application
of Fab Industries, Inc. To Withdraw Its
Common Stock, $.20 Par Value, From
Listing and Registration on the
American Stock Exchange LLC
PO 00000
1 15
2 17
U.S.C. 78l(d).
CFR 240.12d2–2(d).
Frm 00072
Fmt 4703
Sfmt 4703
3 15
4 15
E:\FR\FM\20JNN1.SGM
U.S.C. 78l(b).
U.S.C. 78l(g).
20JNN1
]]>Agencies
[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35462-35464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3175]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos: (Redacted), License Nos: (Redacted), EA (Redacted)]
In the Matter of Certain Power Reactor Licensees and Research
Reactor Licensees Who Transport Spent Nuclear Fuel; Order Modifying
License (Effective Immediately)
I.
The licensees identified in Attachment 1 to this Order have been
issued a specific license by the U.S. Nuclear Regulatory Commission
(NRC or Commission) authorizing the possession of spent nuclear fuel
and a general license authorizing the transportation of spent nuclear
fuel [in a transportation package approved by the Commission] in
accordance with the Atomic Energy Act of 1954, as amended,
[[Page 35463]]
and 10 CFR Parts 50 and 71. This Order is being issued to all such
licensees who transport spent nuclear fuel. Commission regulations for
the shipment of spent nuclear fuel at 10 CFR 73.37(a) require these
licensees to maintain a physical protection system that meets the
requirements contained in 10 CFR 73.37(b), (c), (d), and (e).
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 or regulated activity. 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, the Commission has determined that certain
additional security measures are required to be implemented by
licensees as prudent, interim measures, to address the current threat
environment in a consistent manner. Therefore, the Commission is
imposing requirements, as set forth in Attachment 2 of this Order, on
all licensees identified in Attachment 1 of this Order.\1\ These
additional security requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the 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\ Attachments 1 and 2 contain 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 2 to this Order in
response to previously issued Safeguards and Threat Advisories or on
their own. It is also recognized that some measures may not be possible
or necessary for all shipments of spent nuclear fuel, or may need to be
tailored to accommodate the licensees' specific circumstances to
achieve the intended objectives and avoid any unforeseen effect on the
safe transport of spent nuclear 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 common
defense and security, in light of the current threat environment, the
Commission concludes that the security measures must be embodied in an
Order consistent with the established regulatory framework. In order to
provide assurance that licensees are implementing prudent measures to
achieve a consistent level of protection to address the current threat
environment, all licenses identified in Attachment 1 to this Order
shall be modified to include the requirements identified in Attachment
2 to this Order. In addition, pursuant to 10 CFR 2.202, and in light of
the common defense and security matters identified above which warrant
the issuance of this Order, the Commission finds that 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 and 71, it
is hereby ordered, effective immediately, that all licenses identified
in attachment 1 to this order are modified as follows:
A. All licensees shall, notwithstanding the provisions of any
Commission regulation or license to the contrary, comply with the
requirements described in Attachment 2 to this Order except to the
extent that a more stringent requirement is set forth in the licensee's
security plan. The licensees shall immediately start implementation of
the requirements in Attachment 2 to the Order and shall complete
implementation by July 10, 2005, unless otherwise specified in
Attachment 2, or before the first shipment after July 10, 2005,
whichever is earlier.
B. 1. All licensees shall, within twenty (20) days of the date of
this Order, notify the Commission, (1) if they are unable to comply
with any of the requirements described in Attachment 2, (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 the licensee to be in violation of the
provisions of any Commission regulation or the facility license. The
notification shall provide the licensee's justification for seeking
relief from or variation of any specific requirement.
2. Any licensee that considers that implementation of any of the
requirements described in Attachment 2 to this Order would adversely
impact the safe transport of spent fuel 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 2 requirement in question, or a schedule
for modifying the activity to address the adverse safety condition. If
neither approach is appropriate, the licensee must supplement its
response to Condition B1 of this Order to identify the condition as a
requirement with which it cannot comply, with attendant justifications
as required in Condition B1.
C. 1. All licensees shall, within twenty (20) days of the date of
this Order, submit to the Commission a schedule for achieving
compliance with each requirement described in Attachment 2.
2. All licensees shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
2.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this Order shall be maintained until the Commission determines
otherwise.
Licensee responses to Conditions B1, B2, C1, and C2 above, shall be
submitted to the NRC to the attention of the Director, Office of
Nuclear Reactor Regulation under 10 CFR 50.4. In addition, licensee
submittals that contain Safeguards Information shall be properly marked
and handled in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Reactor Regulation, may, in
writing, relax or rescind any of the above conditions upon
demonstration by the licensee of good cause.
IV.
In accordance with 10 CFR 2.202, the licensee 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
[[Page 35464]]
the time to request a hearing. A request for extension of time in which
to submit an answer or request a hearing must be made in writing to the
Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, 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
20555-0001. Copies also shall be sent to the Director, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address; to the
Regional Administrator for NRC Region I, II, III, or IV, as appropriate
for the specific facility; and to the licensee if the answer or hearing
request is by a person other than the licensee. Because of potential
disruptions in delivery of mail to United States Government offices, it
is requested that answers and 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 the Licensee requests a
hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by the licensee 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), the licensee 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.
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
Dated at Rockville, Maryland, this 10th day of June 2005.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-3175 Filed 6-17-05; 8:45 am]
BILLING CODE 7590-01-P
