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 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, http:// www.nrc.gov/NRC/ADAMS/index.html. 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 http:// 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 (http://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 (http://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