In the Matter of Entergy Nuclear Vermont Yankee, LLC.; Vermont Yankee Nuclear Power Station; Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately), 36549-36550 [E6-10073]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Notices]
[Pages 36549-36550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10073]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-59; EA-06-117]


In the Matter of Entergy Nuclear Vermont Yankee, LLC.; Vermont 
Yankee Nuclear Power Station; Independent Spent Fuel Storage 
Installation Order Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order for implementation of additional security 
measures associated with access authorization.

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FOR FURTHER INFORMATION CONTACT: Christopher M. Regan, Senior Project 
Manager, Licensing and Inspection Directorate, Spent Fuel Project 
Office, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. 
Nuclear Regulatory Commission (NRC), Rockville, MD 20852. Telephone: 
(301) 415-1179, fax number: (301) 415-8555; e-mail: CMR1@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing 
notice in the matter of Vermont Yankee Nuclear Power Station 
Independent Spent Fuel Storage Installation (ISFSI) Order Modifying 
License (Effective Immediately).

II. Further Information

    NRC has issued a general license to Entergy Nuclear Vermont Yankee, 
LLC. (Entergy), authorizing the operation of an ISFSI, in accordance 
with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal 
Regulations (10 CFR) part 50 and 10 CFR part 72. Commission regulations 
at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy to have a 
safeguards contingency plan to respond to threats of radiological 
sabotage and to protect the spent fuel against the threat of 
radiological sabotage.
    Inasmuch as an insider has an opportunity equal to, or greater 
than, any other person, to commit radiological sabotage, the Commission 
has determined these measures to be prudent. This Order has been issued 
to all licensees that currently store spent fuel or have identified 
near-term plans to store spent fuel in an ISFSI.
    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, using 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, to strengthen licensees' 
capabilities and readiness to respond to a potential attack on a 
nuclear facility. On October 16, 2002, the Commission issued Orders to 
the licensees of operating ISFSIs to put the actions taken in response 
to the Advisories in the established regulatory framework and to 
implement additional security enhancements that emerged from NRC's 
ongoing comprehensive review. The Commission has also communicated with 
other Federal, State, and local government agencies and industry 
representatives to discuss and evaluate the current threat environment, 
to assess the adequacy of security measures at licensed facilities. In 
addition, the Commission has been conducting a comprehensive review of 
its safeguards and security programs and requirements.
    As a result of its consideration of current safeguards and security 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
additional security measures are required to address the current threat 
environment in a consistent manner throughout the nuclear ISFSI 
community. Therefore, the Commission is imposing requirements, as set 
forth in Attachment 1\1\ of this Order, on all licensees of these 
facilities. These requirements, which supplement existing regulatory 
requirements, will provide the Commission with reasonable assurance 
that the public health and safety and common defense and security 
continue to be adequately protected in the current threat environment. 
These requirements will remain in effect until the Commission 
determines otherwise.
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    \1\ Attachment 1 contains SAFEGUARDS INFORMATION and will not be 
released to the public.
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    The Commission recognizes that licensees may have already initiated 
many of the measures set forth in Attachment 1 to this Order, in 
response to previously issued advisories, the October 2002 Order, or on 
their own. It also recognizes that some measures may not be possible or 
necessary at some sites, or may need to be tailored to accommodate the 
specific circumstances existing at the licensee's facility, to achieve 
the intended objectives and avoid any unforeseen effect on the safe 
storage of spent fuel.
    Although the additional security measures implemented by licensees 
in response to the Safeguards and Threat Advisories have been adequate 
to provide reasonable assurance of adequate protection of public health 
and safety, the Commission concludes that these actions must be 
supplemented further because the current threat environment continues 
to persist. Therefore, it is appropriate to require certain additional 
security measures, and these measures must be embodied in an Order, 
consistent with the established regulatory framework.
    To provide assurance that Entergy is implementing prudent measures 
to achieve a consistent level of protection to address the current 
threat environment, Entergy's general license issued pursuant to 10 CFR 
72.210 shall be modified to include the requirements

[[Page 36550]]

identified in Attachment 1 to this Order. In addition, pursuant to 10 
CFR 2.202, the Commission finds that in the circumstances described 
above, the public health, safety, and interest require that this Order 
be immediately effective.
    Accordingly, pursuant to sections 53, 103, 104, 161b, 161i, 161o, 
182, and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and 
73, it is hereby ordered, effective immediately, that your general 
license is modified as follows:
    A. Entergy shall comply with the requirements described in 
Attachment 1 to this Order, except to the extent that a more stringent 
requirement is set forth in Entergy's security plan. Entergy shall 
immediately start implementation of the requirements in Attachment 1 to 
the Order and shall complete implementation no later than November 30, 
2006, with the exception of the additional security measures B.4, which 
shall be implemented no later than May 31, 2007. In any event, Entergy 
shall complete implementation of all additional security measures prior 
to the first day that spent fuel is initially placed in the ISFSI.
    B. 1. Entergy shall, within twenty (20) days of the date of this 
Order, notify the Commission: (1) if it is unable to comply with any of 
the requirements described in Attachment 1; (2) if compliance with any 
of the requirements is unnecessary in its specific circumstances; or 
(3) if implementation of any of the requirements would cause Entergy to 
be in violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide Entergy's 
justification for seeking relief from, or variation of, any specific 
requirement.
    2. If Entergy considers that implementation of any of the 
requirements described in Attachment 1 to this Order would adversely 
impact the safe storage of spent fuel, Entergy must notify the 
Commission, within twenty (20) days of this Order, of the adverse 
safety impact, the basis for its determination that the requirement has 
an adverse safety impact, and either a proposal for achieving the same 
objectives specified in the Attachment 1 requirements in question, or a 
schedule for modifying the facility to address the adverse safety 
condition. If neither approach is appropriate, Entergy must supplement 
its response to Condition B.1, of this Order, to identify the condition 
as a requirement with which it cannot comply, with attendant 
justifications, as required under Condition B.1.
    C. 1. Entergy shall, within twenty (20) days of this Order, submit 
to the Commission, a schedule for achieving compliance with each 
requirement described in Attachment 1.
    2. Entergy shall report to the Commission when it has achieved full 
compliance with the requirements described in Attachment 1.
    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise.
    Entergy's response to Conditions B.1, B.2, C.1, and C.2, above, 
shall be submitted in accordance with 10 CFR 72.4. In addition, 
submittals that contain Safeguards Information shall be properly marked 
and handled, in accordance with 10 CFR 73.21.
    The Director, NMSS, may, in writing, relax or rescind any of the 
above conditions, on Entergy's demonstration of good cause.
    In accordance with 10 CFR 2.202, Entergy must, and any other entity 
adversely affected by this Order may, submit an answer to this Order, 
and may request a hearing on this Order, within twenty (20) days of the 
date of this Order. Where good cause is shown, consideration will be 
given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer must be made in writing 
to the Director, Office of Nuclear Material Safety and Safeguards, and 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, and include a statement of good cause 
for the extension. The answer may consent to this Order. Unless the 
answer consents to this Order, the answer shall, in writing and under 
oath or affirmation, specifically set forth the matters of fact and law 
on which the licensee or other entity adversely affected relies and the 
reasons as to why the Order should not have been issued. Any answer or 
request for a hearing shall be submitted to the Secretary, Office of 
the Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies 
also shall be sent to the Director, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555; to the Director, Office of Enforcement at the same address; to 
the Assistant General Counsel for Materials Litigation and Enforcement 
at the same address, to the Regional Administrator for NRC Region I at 
475 Allendale Road, King of Prussia, PA 19406-1415; and to the 
licensee, if the answer or hearing request is by an entity other than 
the licensee. Because of possible disruptions in delivery of mail to 
United States Government offices, it is requested that requests for a 
hearing be transmitted to the Secretary of the Commission, either by 
means of facsimile transmission, to 301-415-1101, or by e-mail, to 
hearingdocket@nrc.gov, and also to the Office of the General Counsel 
(OGC), either by means of facsimile transmission, to 301-415-3725, or 
by e-mail, to OGCMailCenter@nrc.gov. If an entity other than Entergy 
requests a hearing, that entity shall set forth, with particularity, 
the manner in which its interest is adversely affected by this Order, 
and shall address the criteria set forth in 10 CFR 2.309.
    If Entergy, or an entity, whose interest is adversely affected 
requests a hearing, the Commission will issue an Order designating the 
hearing's time and place. 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), Entergy 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.

    For the Nuclear Regulatory Commission.

    Dated this 15th day of June 2006.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-10073 Filed 6-26-06; 8:45 am]
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