In the Matter of Certain 10 CFR Part 50 Licensees Who Transport Spent Nuclear Fuel Under the Provisions of 10 CFR Part 71, 47545-47546 [E6-13561]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Notices]
[Pages 47545-47546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13561]


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NUCLEAR REGULATORY COMMISSION

[ Docket Nos. Redacted; License Nos. Redacted; EA-06-196]


In the Matter of Certain 10 CFR Part 50 Licensees Who Transport 
Spent Nuclear Fuel Under the Provisions of 10 CFR Part 71

Order Modifying Licenses (Effective Immediately)

I.

    The licensees identified in Attachment 1 (Redacted) 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 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.
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    \1\ Attachments 1 and 2 contain 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 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, 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 September 1, 2006, unless otherwise specified in 
Attachment 2, or before the first shipment after August 11, 2006, 
whichever is earlier.
    B.1. All licensees shall, by September 1, 2006, unless otherwise 
specified in Attachment 2, or before the first shipment after August 
11, 2006, whichever is earlier, 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

[[Page 47546]]

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, by 
September 1, 2006, unless otherwise specified in Attachment 2, or 
before the first shipment after August 11, 2006, whichever is earlier, 
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, by September 1, 2006, unless otherwise 
specified in Attachment 2, or before the first shipment after August 
11, 2006, whichever is earlier, submit to the Commission a schedule for 
achieving compliance with each requirement described in Attachment 2.
    2. All licensees shall report by September 1, 2006, to the 
Commission when they have achieved or plan to achieve 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 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.
    This Order contains information collection requirements that are 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). These information collections were approved by the Office of 
Management and Budget, approval number 3150-0012.
    The burden to the public for the mandatory information collections 
is estimated to average 500 hours per licensee, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. Send comments regarding this burden estimate or 
any other aspect of these information collections, including 
suggestions for reducing the burden, to the Records and FOIA/Privacy 
Services Branch (T-5 F53), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, or by Internet electronic mail to 
INFOCOLLECTS@NRC.GOV; and to the Desk Officer, Office of Information 
and Regulatory Affairs, NEOB-10202, (3150-0012), Office of Management 
and Budget, Washington, DC 20503.
    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.
    An answer or a request for hearing shall not stay the immediate 
effectiveness of this order.

    Dated at Rockville, Maryland, this 11th day of August, 2006.

    For the Nuclear Regulatory Commission.
Bruce A. Boger,
Acting Director, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-13561 Filed 8-16-06; 8:45 am]
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