In the Matter of Certain Power Reactor Licensees and Research, Reactor Licensees Who Transport Spent Nuclear Fuel; Order Modifying License (Effective Immediately), 44408-44410 [E5-4097]

Download as PDF 44408 Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices 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 B 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 B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C. All Licensees shall report to the Commission when they have achieved full compliance with the requirements described in Attachment B.D. Notwithstanding any provisions of the Commission’s or an Agreement State’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 B.1, B.2, and C above shall be submitted to the Document Control Desk, ATTN: Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee submittals that contain sensitive security related information shall be properly marked and handled in accordance with Licensees’ Safeguards Information or Safeguards Information— Modified Handling program. The Director, Office of Nuclear Material Safety and Safeguards 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 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 Material Safety and Safeguards, 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 VerDate jul<14>2003 17:21 Aug 01, 2005 Jkt 205001 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 Assistant General Counsel for Materials Litigation and Enforcement, to the Office of Enforcement at the same address, to the Regional Administrator for NRC Region I, II, III, or IV, at the respective addresses specified in Appendix A to 10 CFR part 73, 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 possible 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 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 19th day of July 2005. For the Nuclear Regulatory Commission. Charles L. Miller, Acting Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E5–4108 Filed 8–1–05; 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, and 10 CFR parts 50 and 71. 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 E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices 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 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 1 Attachments 1 and 2 contain SAFEGUARDS INFORMATION and will not be released to the public. VerDate jul<14>2003 17:21 Aug 01, 2005 Jkt 205001 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 August 25, 2005, unless otherwise specified in Attachment 2, or before the first shipment after July 25, 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, PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 44409 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 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 E:\FR\FM\02AUN1.SGM 02AUN1 44410 Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices 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 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 at Rockville, Maryland, this 25th day of July 2005. For the Nuclear Regulatory Commission. R.W. Borchardt, Acting Director, Office of Nuclear Reactor Regulation. [FR Doc. E5–4097 Filed 8–1–05; 8:45 am] SECURITIES AND EXCHANGE COMMISSION [File No. 1–12282 Correction] Issuer Delisting; Notice of Application of Corrpro Companies, Inc. To Withdraw Its Common Stock, No Par Value, From Listing and Registration on the American Stock Exchange LLC July 26, 2005. On June 29, 2005, Corrpro Companies, Inc., an Ohio 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, no par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). On July 21, 2005, the Commission issued a ‘‘Notice of Application of Corrpro Companies, Inc. to Withdraw its Common Stock, no par value, from Listing and Registration on the American Stock Exchange LLC (‘‘Notice’’)’’. Page one, paragraph two of the Notice states that, ‘‘On April 14, 2005, the Board of Directors (‘‘Board’’) of the Issuer approved resolutions to withdraw the Security from listing and registration on Amex.’’ The correct date is June 27, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.3 Jonathan G. Katz, Secretary. [FR Doc. E5–4094 Filed 8–1–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 35–28004] Filings Under the Public Utility Holding Company Act of 1935, as Amended (‘‘Act’’) July 27, 2005. Notice is hereby given that the following filing(s) has/have been made with the Commission pursuant to provisions of the Act and rules promulgated under the Act. All interested persons are referred to the application(s) and/or declaration(s) for complete statements of the proposed transaction(s) summarized below. The application(s) and/or declaration(s) and 1 15 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 17 CFR 200.30–3(a)(1). BILLING CODE 7590–01–P 2 17 VerDate jul<14>2003 17:21 Aug 01, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 any amendment(s) is/are available for public inspection through the Commission’s Branch of Public Reference. Interested persons wishing to comment or request a hearing on the application(s) and/or declaration(s) should submit their views in writing by August 22, 2005, to the Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303, and serve a copy on the relevant applicant(s) and/or declarant(s) at the address(es) specified below. Proof of service (by affidavit or, in the case of an attorney at law, by certificate) should be filed with the request. Any request for hearing should identify specifically the issues of facts or law that are disputed. A person who so requests will be notified of any hearing, if ordered, and will receive a copy of any notice or order issued in the matter. After August 22, 2005, the application(s) and/or declaration(s), as filed or as amended, may be granted and/or permitted to become effective. PNM Resources, Inc., et al. (70–10280) PNM Resources, Inc. (‘‘PNM Resources’’), a registered holding company, PNMR Services Company (‘‘Services’’), a wholly-owned service company subsidiary of PNM Resources, and Public Service Company of New Mexico (‘‘PNM’’), a public utility company subsidiary of PNM Resources, all located at Alvarado Square (MS– 0920), Albuquerque, New Mexico 87158 and Texas-New Mexico Power Company (‘‘TNMP’’), an electric public utility subsidiary of PNM Resources, 4100 International Plaza, Fort Worth, Texas 76109 (collectively, ‘‘Applicants’’), have filed an application-declaration (‘‘Application’’) under sections 9, 10 and 13(b) of the Act and rules 54, 88, 90, 91 and 93 under the Act. I. Background PNM Resources is a holding company that has recently registered under the Act.1 Prior to June 6, 2005, PNM Resource’s active subsidiaries included PNM, Avistar Inc. (‘‘Avistar’’), a nonutility company engaged in developing and marketing power system technologies, and PNMR Development and Management Corporation (‘‘PNMR Development’’), a company engaged in contract administration concerning the Luna Energy power generation project. 1 PNM Resources filed a notice of registration under the Act on December 30, 2004. In PNM Resources, Inc., Holding Co. Act Release No. 27934 (December 30, 2004), PNM Resources committed to file this application to qualify its service company under rule 88 within thirty days of registration; the Application was filed January 28, 2005. E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44408-44410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4097]


-----------------------------------------------------------------------

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, and 10 CFR 
parts 50 and 71. 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

[[Page 44409]]

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 August 25, 2005, unless otherwise specified in 
Attachment 2, or before the first shipment after July 25, 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 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

[[Page 44410]]

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 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 at Rockville, Maryland, this 25th day of July 2005.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4097 Filed 8-1-05; 8:45 am]
BILLING CODE 7590-01-P