In the Matter of All Panoramic and Underwater Irradiators Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies) Byproduct Material in the Form of Sealed Sources; Order Imposing Compensatory Measures (Effective Immediately), 67167-67169 [E6-19570]
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices
intervene. Requests for a hearing and a
petition for leave to intervene shall be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the Commission’s
PDR, located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth with particularity the interest of
the petitioner in the proceeding, and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted
with particular reference to the
following general requirements: (1) The
name, address and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestors/petitioner’s interest. The
petition must also identify the specific
contentions which the petitioner/
requestor seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
VerDate Aug<31>2005
17:10 Nov 17, 2006
Jkt 211001
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the amendment
under consideration. The contention
must be one which, if proven, would
entitle the petitioner to relief. A
petitioner/requestor who fails to satisfy
these requirements with respect to at
least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, any hearing held would
take place before the issuance of any
amendment.
Nontimely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission or the presiding officer of
the Atomic Safety and Licensing Board
that the petition, request and/or the
contentions should be granted based on
a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii).
A request for a hearing or a petition
for leave to intervene must be filed by:
(1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; (2) courier, express
mail, and expedited delivery services:
Office of the Secretary, Sixteenth Floor,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and
Adjudications Staff; (3) E-mail
addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
HEARINGDOCKET@NRC.GOV; or (4)
facsimile transmission addressed to the
Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
67167
DC, Attention: Rulemakings and
Adjudications Staff at (301) 415–1101,
verification number is (301) 415–1966.
A copy of the request for hearing and
petition for leave to intervene should
also be sent to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and 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 the request for hearing and petition
for leave to intervene should also be
sent to the General Counsel, Tennessee
Valley Authority, 400 West Summit Hill
Drive, ET 11A, Knoxville, Tennessee
37902, attorney for the licensee.
For further details with respect to this
action, see the application for
amendment dated November 9, 2006,
which is available for public inspection
at the Commission’s PDR, located at
One White Flint North, File Public Area
O1 F21, 11555 Rockville Pike (first
floor), Rockville, Maryland. Publicly
available records will be accessible from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the 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 November 2006.
For the Nuclear Regulatory Commission.
Margaret H. Chernoff,
Project Manager, Plant Licensing Branch II–
2, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–19569 Filed 11–17–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
In the Matter of All Panoramic and
Underwater Irradiators Authorized To
Possess Greater Than 370
Terabecquerels (10,000 Curies)
Byproduct Material in the Form of
Sealed Sources; Order Imposing
Compensatory Measures (Effective
Immediately)
[EA 06–251]
I
The Licensees identified in
Attachment 1 to this Order hold licenses
issued in accordance with the Atomic
Energy Act of 1954 and 10 CFR part 36
E:\FR\FM\20NON1.SGM
20NON1
67168
Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices
or comparable Agreement State
regulations by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) or an Agreement State
authorizing possession of greater than
370 terabecquerels (10,000 curies) of
byproduct material in the form of sealed
sources either in panoramic irradiators
that have dry or wet storage of the
sealed sources or in underwater
irradiators in which both the source and
the product being irradiated are under
water. Commission regulations at 10
CFR 20.1801 or equivalent Agreement
State regulations, require Licensees to
secure, from unauthorized removal or
access, licensed materials that are stored
in controlled or unrestricted areas.
Commission regulations at 10 CFR
20.1802 or equivalent Agreement States
regulations, require Licensees to control
and maintain constant surveillance of
licensed material that is in a controlled
or unrestricted area and that is not in
storage.
sroberts on PROD1PC70 with NOTICES
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, N.Y., 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. 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 review of its safeguards
and security programs and
requirements.
As a result of its consideration of
current safeguards and license
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain compensatory
measures are required to be
implemented by Licensees as prudent,
measures to address the current threat
environment. Therefore, the
Commission is imposing the
requirements, as set forth in Attachment
2 on all Licensees identified in
Attachment 1 of this Order 1 who
1 Attachment 1 contains OFFICIAL USE ONLY—
Security Related Information sensitive information
and Attachment 2 contains SAFEGUARDS
INFORMATION and will not be released to the
public.
VerDate Aug<31>2005
17:10 Nov 17, 2006
Jkt 211001
currently possess, or have near term
plans to possess, greater than 370
terabecquerels (10,000 curies) of
byproduct material in the form of sealed
sources. 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.
The Commission recognizes that
Licensees may have already initiated
many measures set forth in Attachment
2 to this Order in response to previously
issued advisories or on their own. It is
also recognized that some measures may
not be possible or necessary at some
sites, 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 use and storage of the
sealed sources.
Although the additional security
measures implemented by the 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
the security measures must be embodied
in an Order consistent with the
established regulatory framework. The
security measures contained in
Attachment 2 of this Order contain
safeguards information and will not be
released to the public. The Commission
has broad statutory authority to protect
and prohibit the unauthorized
disclosure of safeguards information.
Section 147 of the Atomic Energy Act of
1954, as amended, grants the
Commission explicit authority to ‘‘issue
such orders, as necessary to prohibit the
unauthorized disclosure of safeguards
information. * * *’’ This authority
extends to information concerning
special nuclear material, source
material, and byproduct material, as
well as production and utilization
facilities. Licensees must ensure proper
handling and protection of safeguards
information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of safeguards information contained in
Attachment 2 to the Order Imposing
Requirements for the Protection of
Certain Safeguards Information (EA–06–
241). The Commission hereby provides
notice that it intends to treat all
violations of the requirements contained
in Attachment 2 to the Order Imposing
Requirements for the Protection of
Certain Safeguards Information (EA–06–
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
241), applicable to the handling and
unauthorized disclosure of safeguards
information as serious breaches of
adequate protection of the public health
and safety and the common defense and
security of the United States. Access to
safeguards information is limited to
those persons who have established a
need-to-know the information, are
considered to be trustworthy and
reliable, have been fingerprinted and
undergone a Federal Bureau of
Investigation (FBI) identification and
criminal history records check. A need
to know means a determination by a
person having responsibility for
protecting Safeguards Information that a
proposed recipient’s access to
Safeguards Information is necessary in
the performance of official, contractual,
or licensee duties of employment.
In order to provide assurance that the
Licensees are implementing prudent
measures to achieve a consistent level of
protection to address the current threat
environment, all Licensees who hold
licenses issued by the U.S. Nuclear
Regulatory Commission or an
Agreement State authorizing possession
greater than 370 terabecquerels (10,000
curies) of byproduct material in the
form of sealed sources in a panoramic
or underwater irradiator shall
implement the requirements identified
in Attachment 2 to this Order. In
addition, pursuant to 10 CFR 2.202, I
find that in light of the common defense
and security matters identified above,
which warrant the issuance of this
Order, the public health, safety and
interest require that this Order be
effective immediately.
III
Accordingly, pursuant to Sections 81,
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, 10 CFR part 30, and 10 CFR
part 36, it is hereby ordered, effective
immediately, that all licensees
identified in Attachment 1 to this order
shall comply with the requirements of
this order as follows:
A. The licensees shall,
notwithstanding the provisions of any
Commission or Agreement State
regulation or license to the contrary,
comply with the requirements described
in Attachment 2 to this Order. The
licensee shall immediately start
implementation of the requirements in
Attachment 2 to the Order and shall
complete implementation by May 8,
2007, or the first day that greater than
370 terabecquerels (10,000 curies) of
byproduct material in the form of sealed
sources is possessed, which ever is later.
E:\FR\FM\20NON1.SGM
20NON1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices
B.1. The Licensee 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 2, (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 the Licensee
to be in violation of the provisions of
any Commission or Agreement State
regulation or its license. The
notification shall provide the Licensee’s
justification for seeking relief from or
variation of any specific requirement.
B.2. If the Licensee considers that
implementation of any of the
requirements described in Attachment 2
to this Order would adversely impact
safe operation of the facility, the
Licensee 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 facility 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.1. The Licensee shall, within twenty
(20) days of the date of this Order,
submit to the Commission a schedule
for completion of each requirement
described in Attachment 2.
C.2. The Licensee 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 or 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 response to Conditions B.1,
B.2, C.1, and C.2 above shall be
submitted to the Director, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition,
Licensee submittals that contain specific
physical protection or security
information considered to be safeguards
information shall be put in a separate
enclosure or attachment and, marked as
‘‘SAFEGUARDS INFORMATION—
MODIFIED HANDLING’’ and mailed (no
electronic transmittals i.e., no e-mail or
VerDate Aug<31>2005
17:10 Nov 17, 2006
Jkt 211001
FAX) to the NRC in accordance with
Attachment 2 to the Order Imposing
Requirements for the Protection of
Certain Safeguards Information (EA–06–
241).
The Director, Office of Federal and
State Materials and Environmental
Management Programs, 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 Federal and State Materials and
Environmental Management Programs,
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
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
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
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
transmission to 301–415–3725 or by email 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
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
67169
his interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309(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: November 9, 2006.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials
and Environmental Management Programs.
Attachment 1: List of Licensees
Redacted.
Attachment 2: Compensatory Measures
for Panoramic and Underwater
Irradiator Licensees
Redacted.
[FR Doc. E6–19570 Filed 11–17–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meeting
Weeks of November 20, 27,
December 4, 11, 18, 25, 2006.
DATE:
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
PLACE:
STATUS:
E:\FR\FM\20NON1.SGM
Public and closed.
20NON1
]]>Agencies
[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67167-67169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19570]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
In the Matter of All Panoramic and Underwater Irradiators
Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies)
Byproduct Material in the Form of Sealed Sources; Order Imposing
Compensatory Measures (Effective Immediately)
[EA 06-251]
I
The Licensees identified in Attachment 1 to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954 and 10
CFR part 36
[[Page 67168]]
or comparable Agreement State regulations by the U.S. Nuclear
Regulatory Commission (NRC or Commission) or an Agreement State
authorizing possession of greater than 370 terabecquerels (10,000
curies) of byproduct material in the form of sealed sources either in
panoramic irradiators that have dry or wet storage of the sealed
sources or in underwater irradiators in which both the source and the
product being irradiated are under water. Commission regulations at 10
CFR 20.1801 or equivalent Agreement State regulations, require
Licensees to secure, from unauthorized removal or access, licensed
materials that are stored in controlled or unrestricted areas.
Commission regulations at 10 CFR 20.1802 or equivalent Agreement States
regulations, require Licensees to control and maintain constant
surveillance of licensed material that is in a controlled or
unrestricted area and that is not in storage.
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, N.Y., 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. 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
review of its safeguards and security programs and requirements.
As a result of its consideration of current safeguards and license
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
compensatory measures are required to be implemented by Licensees as
prudent, measures to address the current threat environment. Therefore,
the Commission is imposing the requirements, as set forth in Attachment
2 on all Licensees identified in Attachment 1 of this Order \1\ who
currently possess, or have near term plans to possess, greater than 370
terabecquerels (10,000 curies) of byproduct material in the form of
sealed sources. 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.
---------------------------------------------------------------------------
\1\ Attachment 1 contains OFFICIAL USE ONLY--Security Related
Information sensitive information and Attachment 2 contains
SAFEGUARDS INFORMATION and will not be released to the public.
---------------------------------------------------------------------------
The Commission recognizes that Licensees may have already initiated
many measures set forth in Attachment 2 to this Order in response to
previously issued advisories or on their own. It is also recognized
that some measures may not be possible or necessary at some sites, 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 use and storage of the sealed sources.
Although the additional security measures implemented by the
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 the security
measures must be embodied in an Order consistent with the established
regulatory framework. The security measures contained in Attachment 2
of this Order contain safeguards information and will not be released
to the public. The Commission has broad statutory authority to protect
and prohibit the unauthorized disclosure of safeguards information.
Section 147 of the Atomic Energy Act of 1954, as amended, grants the
Commission explicit authority to ``issue such orders, as necessary to
prohibit the unauthorized disclosure of safeguards information. * * *''
This authority extends to information concerning special nuclear
material, source material, and byproduct material, as well as
production and utilization facilities. Licensees must ensure proper
handling and protection of safeguards information to avoid unauthorized
disclosure in accordance with the specific requirements for the
protection of safeguards information contained in Attachment 2 to the
Order Imposing Requirements for the Protection of Certain Safeguards
Information (EA-06-241). The Commission hereby provides notice that it
intends to treat all violations of the requirements contained in
Attachment 2 to the Order Imposing Requirements for the Protection of
Certain Safeguards Information (EA-06-241), applicable to the handling
and unauthorized disclosure of safeguards information as serious
breaches of adequate protection of the public health and safety and the
common defense and security of the United States. Access to safeguards
information is limited to those persons who have established a need-to-
know the information, are considered to be trustworthy and reliable,
have been fingerprinted and undergone a Federal Bureau of Investigation
(FBI) identification and criminal history records check. A need to know
means a determination by a person having responsibility for protecting
Safeguards Information that a proposed recipient's access to Safeguards
Information is necessary in the performance of official, contractual,
or licensee duties of employment.
In order to provide assurance that the Licensees are implementing
prudent measures to achieve a consistent level of protection to address
the current threat environment, all Licensees who hold licenses issued
by the U.S. Nuclear Regulatory Commission or an Agreement State
authorizing possession greater than 370 terabecquerels (10,000 curies)
of byproduct material in the form of sealed sources in a panoramic or
underwater irradiator shall implement the requirements identified in
Attachment 2 to this Order. In addition, pursuant to 10 CFR 2.202, I
find that in light of the common defense and security matters
identified above, which warrant the issuance of this Order, the public
health, safety and interest require that this Order be effective
immediately.
III
Accordingly, pursuant to Sections 81, 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, 10 CFR part 30, and 10 CFR part 36, it is
hereby ordered, effective immediately, that all licensees identified in
Attachment 1 to this order shall comply with the requirements of this
order as follows:
A. The licensees shall, notwithstanding the provisions of any
Commission or Agreement State regulation or license to the contrary,
comply with the requirements described in Attachment 2 to this Order.
The licensee shall immediately start implementation of the requirements
in Attachment 2 to the Order and shall complete implementation by May
8, 2007, or the first day that greater than 370 terabecquerels (10,000
curies) of byproduct material in the form of sealed sources is
possessed, which ever is later.
[[Page 67169]]
B.1. The Licensee 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 2, (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 the Licensee to be in violation of the provisions of any
Commission or Agreement State regulation or its license. The
notification shall provide the Licensee's justification for seeking
relief from or variation of any specific requirement.
B.2. If the Licensee considers that implementation of any of the
requirements described in Attachment 2 to this Order would adversely
impact safe operation of the facility, the Licensee 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 facility 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.1. The Licensee shall, within twenty (20) days of the date of
this Order, submit to the Commission a schedule for completion of each
requirement described in Attachment 2.
C.2. The Licensee 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 or 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 response to Conditions B.1, B.2, C.1, and C.2 above shall
be submitted to the Director, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition, Licensee submittals that contain
specific physical protection or security information considered to be
safeguards information shall be put in a separate enclosure or
attachment and, marked as ``SAFEGUARDS INFORMATION--MODIFIED HANDLING''
and mailed (no electronic transmittals i.e., no e-mail or FAX) to the
NRC in accordance with Attachment 2 to the Order Imposing Requirements
for the Protection of Certain Safeguards Information (EA-06-241).
The Director, Office of Federal and State Materials and
Environmental Management Programs, 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 Federal and State
Materials and Environmental Management Programs, 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 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 Federal and State Materials and Environmental Management Programs,
U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the
Assistant General Counsel for Materials Litigation and Enforcement at
the same address, 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 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 2.309(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: November 9, 2006.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachment 1: List of Licensees
Redacted.
Attachment 2: Compensatory Measures for Panoramic and Underwater
Irradiator Licensees
Redacted.
[FR Doc. E6-19570 Filed 11-17-06; 8:45 am]
BILLING CODE 7590-01-P
