In the Matter of Pacific Gas and Electric Company; Humboldt Bay Power Plant; Independent Spent Fuel Storage Installation; Order Modifying License (Effective Immediately), 71586-71588 [E6-20958]
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71586
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
encounter problems in accessing the
documents located in ADAMS should
contact the NRC’s PDR reference staff at
1–800–397–4209, extension 4737, or via
e-mail to pdr@nrc.gov.
A copy of the license renewal
application for the HNP, Unit 1, is also
available to local residents near the site
at the Eva. H. Perry Library, 2100
Shepherd’s Vineyard Drive, Apex, North
Carolina 27502.
plans to store spent fuel in an ISFSI
under the specific license provisions of
10 CFR Part 72. The Commission’s
regulations at 10 CFR 72.184 require
PG&E to maintain safeguards
contingency plan procedures in
accordance with 10 CFR Part 73,
Appendix C. Specific safeguards
requirements are contained in 10 CFR
73.51 or 73.55, as applicable.
[Docket No. 50–400]
Carolina Power & Light Company;
Notice of Receipt and Availability of
Application for Renewal of Shearon
Harris Nuclear Power Plant, Unit 1
Facility Operating License No. NPF–63
for an Additional 20-Year Period
Dated at Rockville, Maryland, this 5th day
of December, 2006.
For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Acting Director, Division of License Renewal,
Office of Nuclear Reactor Regulation.
[FR Doc. E6–20954 Filed 12–8–06; 8:45 am]
BILLING CODE 7590–01–P
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.
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 plan
requirements, as well as a review of
information provided by the intelligence
community and other governmental
agencies, the Commission has
determined that certain compensatory
measures are required to be
implemented by licensees as prudent,
interim measures, 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 PG&E,
which has indicated near-term plans to
store spent fuel in an ISFSI under the
specific license provisions of Part 72.
These interim 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 some
measures may not be possible or
necessary, or may need to be tailored to
accommodate the specific
Barry J. Kearney—Associate General
Counsel, Advice
Dated: Washington, DC December 6,
2006.
By Direction of the Board.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. E6–20984 Filed 12–8–06; 8:45 am]
BILLING CODE 7545–01–P
mstockstill on PROD1PC61 with NOTICES
NUCLEAR REGULATORY
COMMISSION
The U.S. Nuclear Regulatory
Commission (NRC or Commission) has
received an application, dated
November 14, 2006, from Carolina
Power & Light Company, (doing
business as Progress Energy Carolinas,
Inc.), filed pursuant to Section 103 of
the Atomic Energy Act of 1954, as
amended, and Title 10 of the Code of
Federal Regulations Part 54 (10 CFR Part
54), to renew the operating license for
the Shearon Harris Nuclear Power Plant
(HNP), Unit 1. Renewal of the license
would authorize the applicant to
operate the facility for an additional 20year period beyond the period specified
in the current operating license. The
current operating license for HNP, Unit
1, (NPF–63), expires on October 24,
2026. HNP, Unit 1, is a pressurized
water reactor designed by Westinghouse
Electric Corporation that is located in
Wake County, North Carolina. The
acceptability of the tendered application
for docketing, and other matters
including an opportunity to request a
hearing, will be the subject of
subsequent Federal Register Notices.
Copies of the application are available
to the public at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852 or
through the internet from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room under
Accession Number ML063350262. The
ADAMS Public Electronic Reading
Room is accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/
adams.html. In addition, the application
is available at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html. Persons who do not
have access to the Internet or who
VerDate Aug<31>2005
15:15 Dec 08, 2006
Jkt 211001
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–27; EA–06–276]
In the Matter of Pacific Gas and
Electric Company; Humboldt Bay
Power Plant; Independent Spent Fuel
Storage Installation; Order Modifying
License (Effective Immediately)
Nuclear Regulatory
Commission.
ACTION: Issuance of Order for
Implementation of Interim Safeguards
and Security Compensatory Measures.
AGENCY:
L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
20852. Telephone: (301) 415–1396; fax
number: (301) 415–8555; e-mail:
LRW@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the
Commission) is providing notice, in the
matter of Humboldt Bay Power Plant
Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying
License (Effective Immediately).
II. Further Information
I
NRC has issued a specific license to
Pacific Gas and Electric Company
(PG&E), authorizing storage of spent fuel
in an ISFSI, in accordance with the
Atomic Energy Act of 1954, and Title 10
of the Code of Federal Regulations (10
CFR) Part 72. This Order is being issued
to PG&E, which has identified near-term
PO 00000
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Fmt 4703
Sfmt 4703
II
1 Attachment 1 contains Safeguards Information
and will not be released to the public.
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
mstockstill on PROD1PC61 with NOTICES
circumstances existing at PG&E’s
facility, to achieve the intended
objectives and to avoid any unforeseen
effect on the safe storage of spent fuel.
To provide assurance that licensees
are implementing prudent measures to
achieve a consistent level of protection
to address the current threat
environment, the Commission
concludes that security measures must
be embodied in an Order consistent
with the established regulatory
framework. PG&E’s specific license,
issued pursuant to 10 CFR 72.40, is
modified to include the requirements
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 effective
immediately.
III
Accordingly, pursuant to Sections
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 Parts
50, 72, and 73, it is hereby ordered,
effective immediately, that your specific
license is modified as follows:
A. PG&E 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 its security plan. It shall immediately
start implementation of the
requirements in Attachment 1 to the
Order and shall complete
implementation before May 30, 2007, or
the first day that spent fuel is initially
placed in the ISFSI, whichever is
earlier.
B.1. PG&E 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 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. If PG&E considers that
implementation of any of the
requirements described in Attachment 1
to this Order would adversely impact
the safe storage of spent fuel, it 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
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15:15 Dec 08, 2006
Jkt 211001
an adverse safety impact, and either a
proposal for achieving the same
objectives specified in the Attachment 1
requirement(s) in question, or a
schedule for modifying the facility to
address the adverse safety condition. If
neither approach is appropriate, PG&E
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. PG&E 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 1.
2. PG&E 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.
PG&E’s responses 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, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions, for good cause.
IV
In accordance with 10 CFR 2.202,
PG&E 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 or request a hearing 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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
71587
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 IV, at 611 Ryan Plaza
Drive, Suite 400, Arlington, TX 76011;
and to the licensee, if the answer or
hearing request is by an entity 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 (OGC),
either by means of facsimile
transmission, to 301–415–3725, or by email, to OGCMailCenter@nrc.gov. If an
entity other than PG&E 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 a hearing is requested by PG&E or
an entity whose interest is adversely
affected, 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 a hearing shall
be whether this Order should be
sustained. Pursuant to 10 CFR
2.202(c)(2)(i), PG&E 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.
E:\FR\FM\11DEN1.SGM
11DEN1
71588
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
Dated at Rockville, Maryland, this 22nd
day of November, 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E6–20958 Filed 12–8–06; 8:45 am]
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.
BILLING CODE 7590–01–P
II
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–27; EA–06–277]
In the Matter of Pacific Gas and
Electric Company; Humboldt Bay
Power Plant Independent Spent Fuel
Storage Installation Order Modifying
License (Effective Immediately)
Nuclear Regulatory
Commission.
ACTION: Issuance of Order for
Implementation of Additional Security
Measures Associated with Access
Authorization.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
L. Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
20852. Telephone: (301) 415–1396; fax
number: (301) 415–8555; e-mail
LRW@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, the NRC (or
the Commission) is providing notice, in
the matter of Humboldt Bay Power Plant
Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying
License (Effective Immediately).
II. Further Information
mstockstill on PROD1PC61 with NOTICES
I
NRC issued a specific license to
Pacific Gas and Electric Company
(PG&E), 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 72. The Commission’s regulations
in 10 CFR 72.184 require PG&E 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, in accordance with 10 CFR
Part 73, Appendix C. Specific
safeguards requirements are contained
in 10 CFR 73.51 or 73.55, as applicable.
Inasmuch as an insider has an
opportunity equal to, or greater than,
VerDate Aug<31>2005
15:15 Dec 08, 2006
Jkt 211001
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.
The Commission recognizes that
licensees may have already initiated
many of the measures set forth in
Attachment 1 to this Order, in response
1 Attachment 1 contains Safeguards Information
and will not be released to the public.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
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 PG&E is
implementing prudent measures to
achieve a consistent level of protection
to address the current threat
environment, PG&E’s specific license
issued pursuant to 10 CFR 72.40 shall
be modified to include the requirements
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.
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, 72, and 73, It is hereby
ordered, effective immediately, that
your site-specific license is modified as
follows:
A. PG&E 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 PG&E’s security plan. PG&E shall
immediately start implementation of the
requirements in Attachment 1 to the
Order and shall complete
implementation no later than May 30,
2007, with the exception of the
additional security measure B.4, which
shall be implemented no later than
November 30, 2007. In any event, PG&E
shall complete implementation of all
additional security measures before the
first day that spent fuel is initially
placed in the ISFSI.
B.1. PG&E shall, within twenty (20)
days of the date of this Order, notify the
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71586-71588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20958]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27; EA-06-276]
In the Matter of Pacific Gas and Electric Company; Humboldt Bay
Power Plant; Independent Spent Fuel Storage Installation; Order
Modifying License (Effective Immediately)
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Order for Implementation of Interim Safeguards and
Security Compensatory Measures.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Senior Project
Manager, Licensing and Inspection Directorate, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville,
MD 20852. Telephone: (301) 415-1396; fax number: (301) 415-8555; e-
mail: LRW@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing
notice, in the matter of Humboldt Bay Power Plant Independent Spent
Fuel Storage Installation (ISFSI) Order Modifying License (Effective
Immediately).
II. Further Information
I
NRC has issued a specific license to Pacific Gas and Electric
Company (PG&E), authorizing storage of spent fuel in an ISFSI, in
accordance with the Atomic Energy Act of 1954, and Title 10 of the Code
of Federal Regulations (10 CFR) Part 72. This Order is being issued to
PG&E, which has identified near-term plans to store spent fuel in an
ISFSI under the specific license provisions of 10 CFR Part 72. The
Commission's regulations at 10 CFR 72.184 require PG&E to maintain
safeguards contingency plan procedures in accordance with 10 CFR Part
73, Appendix C. Specific safeguards requirements are contained in 10
CFR 73.51 or 73.55, as applicable.
II
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. 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
plan requirements, as well as a review of information provided by the
intelligence community and other governmental agencies, the Commission
has determined that certain compensatory measures are required to be
implemented by licensees as prudent, interim measures, 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 PG&E,
which has indicated near-term plans to store spent fuel in an ISFSI
under the specific license provisions of Part 72. These interim
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 Safeguards Information and will not be
released to the public.
---------------------------------------------------------------------------
The Commission recognizes that some measures may not be possible or
necessary, or may need to be tailored to accommodate the specific
[[Page 71587]]
circumstances existing at PG&E's facility, to achieve the intended
objectives and to avoid any unforeseen effect on the safe storage of
spent fuel.
To provide assurance that licensees are implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, the Commission concludes that security
measures must be embodied in an Order consistent with the established
regulatory framework. PG&E's specific license, issued pursuant to 10
CFR 72.40, is modified to include the requirements 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 effective
immediately.
III
Accordingly, pursuant to Sections 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 Parts 50, 72, and 73, it
is hereby ordered, effective immediately, that your specific license is
modified as follows:
A. PG&E 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 its security plan. It shall immediately start
implementation of the requirements in Attachment 1 to the Order and
shall complete implementation before May 30, 2007, or the first day
that spent fuel is initially placed in the ISFSI, whichever is earlier.
B.1. PG&E 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 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. If PG&E considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact the safe
storage of spent fuel, it 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 requirement(s) in question, or a schedule for
modifying the facility to address the adverse safety condition. If
neither approach is appropriate, PG&E 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. PG&E 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 1.
2. PG&E 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.
PG&E's responses 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, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions, for good
cause.
IV
In accordance with 10 CFR 2.202, PG&E 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 or request a hearing
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 IV, at 611 Ryan Plaza Drive,
Suite 400, Arlington, TX 76011; and to the licensee, if the answer or
hearing request is by an entity 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
(OGC), either by means of facsimile transmission, to 301-415-3725, or
by e-mail, to OGCMailCenter@nrc.gov. If an entity other than PG&E
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 a hearing is requested by PG&E or an entity whose interest is
adversely affected, 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 a hearing shall be whether this Order should be
sustained. Pursuant to 10 CFR 2.202(c)(2)(i), PG&E 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.
[[Page 71588]]
Dated at Rockville, Maryland, this 22nd day of November, 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-20958 Filed 12-8-06; 8:45 am]
BILLING CODE 7590-01-P
