In the Matter of BWXT Nuclear Operations Group, Inc., 53588-53591 [2015-21937]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 53588 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ getting-started.html. System requirements for accessing the ESubmittal server are detailed in the NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC’s Web site. Further information on the Webbased submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 notice that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted 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; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at http:// PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. However, a request to intervene will require including information on local residence in order to demonstrate a proximity assertion of interest in the proceeding. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Dated at Rockville, Maryland, this 25th day of August 2015. For the Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–21933 Filed 9–3–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA–15–006; NRC–2015–0201] In the Matter of BWXT Nuclear Operations Group, Inc. Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order to BWXT Nuclear Operations Group, Inc. (BWXT NOG), confirming a modification to the license issued on August 10, 2015. In issuing the Order, BWXT NOG must comply with the measures detailed in Section IV of the Order. This Order is effective 20 days after the date it is issued. DATES: The confirmatory order was signed August 10, 2015. ADDRESSES: Please refer to Docket ID NRC–2015–0201 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0201. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; SUMMARY: E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices email: Carol.Gallagher@nrc.gov. For questions about this Order, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Merritt Baker, telephone: 301–415– 7119, email Merritt.Baker@nrc.gov, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 27th day of August, 2015. For the Nuclear Regulatory Commission. Craig Erlanger, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards. Attachment—CONFIRMATORY ORDER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of BWXT Nuclear operations Group, Inc.; Lynchburg, Virginia [Docket No. 70–27; License No. SNM– 42] EA–2015–006 mstockstill on DSK4VPTVN1PROD with NOTICES Confirmatory Order I. BWXT Nuclear Operations Group, Inc. (BWXT NOG or the licensee) is the operator of the BWXT Nuclear Operations Group-Lynchburg facility (BWXT NOG or the facility), and holder of License No. SNM–42 and Docket No.70–27 issued by the U.S. Nuclear VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 Regulatory Commission (NRC or Commission) under Title 10, ‘‘Energy,’’ of the Code of Federal Regulations (10 CFR) Part 70, ‘‘Domestic Licensing of Special Nuclear Material.’’ The license authorizes the operation of the facility with the conditions specified therein. The facility is located on the licensee’s site in Campbell County, Virginia. II. By application dated April 24, 2014, as supplemented by letters dated December 16, 2013, and July 25, 2014, BWXT NOG requested preemption authority, pursuant to Commission Order EA–13–092, under the provisions of Section 161A of the Atomic Energy Act of 1954, as amended. Section 161A confers on the Commission the authority to permit a licensee’s security personnel to transfer, receive, possess, transport, import, and use certain firearms, ammunition or devices, notwithstanding local, State, and certain Federal firearms laws, including regulations, that may prohibit such conduct. Upon review of the BWXT NOG application for Commission authorization to use Section 161A at BWXT NOG–L, the NRC staff has found the following: (1) The BWXT NOG application complies with the standards and requirements of Section 161A and the Commission’s rules and regulations set forth in 10 CFR part 73, ‘‘Physical Protection of Plants and Materials’’; (2) There is reasonable assurance that the facility will operate in conformance with the application; the provisions of the Atomic Energy Act of 1954, as amended; and the rules and regulations of the Commission; (3) There is reasonable assurance that the activities permitted by the Commission authorization to use Section 161A preemption authority is consistent with the protection of public health and safety, and that such activities will be conducted in compliance with the Commission’s regulations and the requirements of this Confirmatory Order; (4) The issuance of Commission authorization to use Section 161A preemption authority will not be inimical to the common defense and security or to the health and safety of the public; and (5) The issuance of this Commission authorization to use Section 161A preemption authority will be in accordance with the Commission’s regulations in 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’ PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 53589 The findings, set forth above, are supported by an NRC staff technical evaluation under Accession Number ML15044A450. III. To carry out the statutory authority discussed above, the Commission has determined that the license for BWXT NOG–L must be modified to include provisions with respect to the Commission authorization to use Section 161A preemption authority as identified in Section II of this Confirmatory Order. The requirements needed to exercise the foregoing are set forth in Section IV below. The NRC staff has found that the license modifications set forth in Section IV are acceptable and necessary. It further concluded that, with the effective implementation of these provisions, the licensee’s physical protection program will meet the specific physical protection program requirements set forth in 10 CFR 73.45, ‘‘Performance Capabilities for Fixed Site Physical Protection Systems’’; in 10 CFR 73.46, ‘‘Fixed Site Physical Protection Systems, Subsystems, Components, and Procedures’’ (for facilities handling Category I special nuclear material). On January 29, 2015, BWXT NOG consented to the issuance of this Order. The licensee further agreed that this Order will be effective 20 days after the date of issuance and that it has waived its right to a hearing on this Order. IV Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, ‘‘Orders’’ and 10 CFR part 70, IT IS HEREBY ORDERED that: 1. The BWXT NOG application for Commission authorization to use Section 161A preemption authority at B&W NOG is approved. This authorization does not grant B&W NOG authority to use enhanced weapons. 2. In accordance with 10 CFR part 73, the licensee shall review and revise its NRC-approved security plans or procedures, as necessary, to describe how the requirements of this Confirmatory Order will be met. 3. The licensee shall establish and maintain a program consistent with Commission Order EA–13–092 such that all security personnel who require access to firearms in the discharge of their official duties are subject to a firearms background check. The Commission is engaged in an ongoing rulemaking to implement the Commission’s authority under Section E:\FR\FM\04SEN1.SGM 04SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 53590 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 161A. On the effective date of that final rulemaking, the Commission may take action to relax or rescind any or all of the requirements set forth in this Confirmatory Order. The Director, Office of Nuclear Material Safety and Safeguards may, in writing, relax or rescind this Confirmatory Order upon demonstration by the licensee of good cause. This Confirmatory Order is effective 20 days after the date of its issuance. For further details with respect to this Confirmatory Order, see the staff’s technical evaluation dated January 29, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15044A450), which is available for public inspection, at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http:// 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 or 301–415–4737, or by email to pdr.resource@nrc.gov. In accordance with 10 CFR 2.202, any other person adversely affected by this Order may submit an answer to this Order within 20 days of its publication in the Federal Register. In addition, any other person adversely affected by this Order may request a hearing on this Order within 20 days of its publication in the Federal Register. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension. If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 accordance with the NRC E-Filing rule (published at 72 FR 49139 on August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or (in some cases) to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, the participant should contact the Office of the Secretary (at least 10 days before the filing deadline) by email to hearing.docket@nrc.gov, or by telephone at (301) 415–1677, to: (1) request a digital ID certificate, which allows the participants (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, web-based submission form. In order to serve documents through the Electronic Information Exchange, users will be required to install a web browser plugin from the NRC Web site. Further information on the web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (pdf) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for, and receive, a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted 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; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking E:\FR\FM\04SEN1.SGM 04SEN1 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket, which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. 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 paragraphs 2.309(d) and (f). 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 IV above shall be final 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 IV shall be final when the extension expires if a hearing request has not been received. Dated at Rockville, Maryland this 10th day of August, 2015. For the Nuclear Regulatory Commission. Catherine Haney, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015–21937 Filed 9–3–15; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 [Docket Nos. 50–338 and 50–339; NRC– 2012–0258; License Nos.: NPF–4 and NPF– 7] North Anna Power Station, Units 1 and 2; Virginia Electric and Power Company Nuclear Regulatory Commission. ACTION: Director’s Decision under 10 CFR 2.206; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is giving notice that the Director of the Office of Nuclear Reactor Regulation has issued a final Director’s Decision with regard to a petition dated October 20, 2011, filed by Paul Gunter et al, herein referred to as ‘‘the petitioners.’’ DATES: September 4, 2015. ADDRESSES: Please refer to Docket ID NRC–2012–0258 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0258. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: V. Sreenivas, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–2597; email: V.Sreenivas@nrc.gov. SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Notice is hereby given that the Director of the Office of Nuclear Reactor Regulation has issued a Director’s Decision with regard to a petition dated October 20, 2011 (ADAMS Accession No. ML11293A116), filed by the petitioners. The petition was supplemented on November 2, 2011 (ADAMS Accession No. ML11308A027) and December 15, 2011 (ADAMS Accession No. ML12060A197). The petition concerns the operation of the North Anna Power Station, Units 1 and 2 (North Anna 1 and 2), by the Virginia Electric and Power Company (VEPCO or the licensee). The petition requested that the NRC suspend the operating licenses for North Anna 1 and 2, until the completion of a set of activities described in the petition. The petitioner also requested that a public meeting be held to discuss this matter in the Washington, DC area. As the basis for the October 20, 2011, request, the petitioner raised several concerns, of which 12 were accepted for review by the NRC staff by letter dated March 16, 2012 (ADAMS Accession No. ML12060A090). These summarized as follows: (1) Prior to the approval of restart for North Anna 1 and 2, after the earthquake of August 23, 2011, Virginia Electric and Power Company (the licensee) should be required to obtain a license amendment from the NRC that reanalyzes and reevaluates the plant’s design basis for earthquakes and for associated necessary retrofits. (2) Prior to the approval of restart for North Anna 1 and 2, after the earthquake of August 23, 2011, the licensee should be required to ensure that North Anna 1 and 2, are subjected to thorough inspections of the same level and rigor. (3) The licensee should be required to reanalyze and reevaluate the North Anna Independent Spent Fuel Storage Installation (lSFSI) due to damage caused by the earthquake of August 23, 2011, and ensure that no threat is posed to public health and safety by its operation. (4) The licensee should ensure the reliability and accuracy of the seismic instrumentation at North Anna 1 and 2. (5) The NRC staff made hasty decisions about the restart of North Anna 1 and 2, and gave priority to economic considerations. The long-term action plan was not even complete before the NRC staff gave authorization to restart. (6) Regulatory commitments are an inadequate regulatory tool for ensuring that the critical long-term tasks identified in the NRC staff’s SUPPLEMENTARY INFORMATION: NUCLEAR REGULATORY COMMISSION 53591 E:\FR\FM\04SEN1.SGM 04SEN1

Agencies

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53588-53591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21937]


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NUCLEAR REGULATORY COMMISSION

[EA-15-006; NRC-2015-0201]


In the Matter of BWXT Nuclear Operations Group, Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order to BWXT Nuclear Operations Group, Inc. (BWXT NOG), 
confirming a modification to the license issued on August 10, 2015. In 
issuing the Order, BWXT NOG must comply with the measures detailed in 
Section IV of the Order. This Order is effective 20 days after the date 
it is issued.

DATES: The confirmatory order was signed August 10, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0201 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0201. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463;

[[Page 53589]]

email: Carol.Gallagher@nrc.gov. For questions about this Order, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if that document 
is available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Merritt Baker, telephone: 301-415-
7119, email Merritt.Baker@nrc.gov, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 27th day of August, 2015.

    For the Nuclear Regulatory Commission.
Craig Erlanger,
Deputy Director, Division of Fuel Cycle Safety, Safeguards, and 
Environmental Review Office of Nuclear Material Safety and Safeguards.

Attachment--CONFIRMATORY ORDER

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of BWXT Nuclear operations Group, Inc.;

Lynchburg, Virginia

[Docket No. 70-27; License No. SNM-42]

EA-2015-006

Confirmatory Order

I.
    BWXT Nuclear Operations Group, Inc. (BWXT NOG or the licensee) is 
the operator of the BWXT Nuclear Operations Group-Lynchburg facility 
(BWXT NOG or the facility), and holder of License No. SNM-42 and Docket 
No.70-27 issued by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) under Title 10, ``Energy,'' of the Code of Federal 
Regulations (10 CFR) Part 70, ``Domestic Licensing of Special Nuclear 
Material.'' The license authorizes the operation of the facility with 
the conditions specified therein. The facility is located on the 
licensee's site in Campbell County, Virginia.
II.
    By application dated April 24, 2014, as supplemented by letters 
dated December 16, 2013, and July 25, 2014, BWXT NOG requested 
preemption authority, pursuant to Commission Order EA-13-092, under the 
provisions of Section 161A of the Atomic Energy Act of 1954, as 
amended. Section 161A confers on the Commission the authority to permit 
a licensee's security personnel to transfer, receive, possess, 
transport, import, and use certain firearms, ammunition or devices, 
notwithstanding local, State, and certain Federal firearms laws, 
including regulations, that may prohibit such conduct.
    Upon review of the BWXT NOG application for Commission 
authorization to use Section 161A at BWXT NOG-L, the NRC staff has 
found the following:
    (1) The BWXT NOG application complies with the standards and 
requirements of Section 161A and the Commission's rules and regulations 
set forth in 10 CFR part 73, ``Physical Protection of Plants and 
Materials'';
    (2) There is reasonable assurance that the facility will operate in 
conformance with the application; the provisions of the Atomic Energy 
Act of 1954, as amended; and the rules and regulations of the 
Commission;
    (3) There is reasonable assurance that the activities permitted by 
the Commission authorization to use Section 161A preemption authority 
is consistent with the protection of public health and safety, and that 
such activities will be conducted in compliance with the Commission's 
regulations and the requirements of this Confirmatory Order;
    (4) The issuance of Commission authorization to use Section 161A 
preemption authority will not be inimical to the common defense and 
security or to the health and safety of the public; and
    (5) The issuance of this Commission authorization to use Section 
161A preemption authority will be in accordance with the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''
    The findings, set forth above, are supported by an NRC staff 
technical evaluation under Accession Number ML15044A450.
III.
    To carry out the statutory authority discussed above, the 
Commission has determined that the license for BWXT NOG-L must be 
modified to include provisions with respect to the Commission 
authorization to use Section 161A preemption authority as identified in 
Section II of this Confirmatory Order. The requirements needed to 
exercise the foregoing are set forth in Section IV below.
    The NRC staff has found that the license modifications set forth in 
Section IV are acceptable and necessary. It further concluded that, 
with the effective implementation of these provisions, the licensee's 
physical protection program will meet the specific physical protection 
program requirements set forth in 10 CFR 73.45, ``Performance 
Capabilities for Fixed Site Physical Protection Systems''; in 10 CFR 
73.46, ``Fixed Site Physical Protection Systems, Subsystems, 
Components, and Procedures'' (for facilities handling Category I 
special nuclear material).
    On January 29, 2015, BWXT NOG consented to the issuance of this 
Order. The licensee further agreed that this Order will be effective 20 
days after the date of issuance and that it has waived its right to a 
hearing on this Order.
IV
    Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 
161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, ``Orders'' and 10 CFR 
part 70, IT IS HEREBY ORDERED that:
    1. The BWXT NOG application for Commission authorization to use 
Section 161A preemption authority at B&W NOG is approved. This 
authorization does not grant B&W NOG authority to use enhanced weapons.
    2. In accordance with 10 CFR part 73, the licensee shall review and 
revise its NRC-approved security plans or procedures, as necessary, to 
describe how the requirements of this Confirmatory Order will be met.
    3. The licensee shall establish and maintain a program consistent 
with Commission Order EA-13-092 such that all security personnel who 
require access to firearms in the discharge of their official duties 
are subject to a firearms background check.
    The Commission is engaged in an ongoing rulemaking to implement the 
Commission's authority under Section

[[Page 53590]]

161A. On the effective date of that final rulemaking, the Commission 
may take action to relax or rescind any or all of the requirements set 
forth in this Confirmatory Order.
    The Director, Office of Nuclear Material Safety and Safeguards may, 
in writing, relax or rescind this Confirmatory Order upon demonstration 
by the licensee of good cause.
    This Confirmatory Order is effective 20 days after the date of its 
issuance.
    For further details with respect to this Confirmatory Order, see 
the staff's technical evaluation dated January 29, 2015 (Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML15044A450), which is available for public inspection, at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area 01 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available documents created or received 
at the NRC are accessible electronically through ADAMS in the NRC 
Library at http://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 or 301-415-4737, or by email to 
pdr.resource@nrc.gov.
    In accordance with 10 CFR 2.202, any other person adversely 
affected by this Order may submit an answer to this Order within 20 
days of its publication in the Federal Register. In addition, any other 
person adversely affected by this Order may request a hearing on this 
Order within 20 days of its publication in the Federal Register. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and include a statement of good cause for the 
extension.
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (published at 72 
FR 49139 on August 28, 2007). The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or (in some cases) to mail copies on electronic storage 
media. Participants may not submit paper copies of their filings unless 
they seek an exemption in accordance with the procedures described 
below.
    To comply with the procedural requirements of E-Filing, the 
participant should contact the Office of the Secretary (at least 10 
days before the filing deadline) by email to hearing.docket@nrc.gov, or 
by telephone at (301) 415-1677, to: (1) request a digital ID 
certificate, which allows the participants (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, web-based submission form. In order to 
serve documents through the Electronic Information Exchange, users will 
be required to install a web browser plug-in from the NRC Web site. 
Further information on the web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (pdf) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for, 
and receive, a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted 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; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking

[[Page 53591]]

and Adjudications Staff. Participants filing a document in this manner 
are responsible for serving the document on all other participants. 
Filing is considered complete by first-class mail as of the time of 
deposit in the mail, or by courier, express mail, or expedited delivery 
service upon depositing the document with the provider of the service. 
A presiding officer, having granted an exemption request from using E-
Filing, may require a participant or party to use E-Filing if the 
presiding officer subsequently determines that the reason for granting 
the exemption from use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket, which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to 
an order of the Commission, or the presiding officer. Participants are 
requested not to include personal privacy information, such as social 
security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    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 paragraphs 2.309(d) and (f).
    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 IV above shall be final 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 IV shall be final when the extension expires if a 
hearing request has not been received.

Dated at Rockville, Maryland this 10th day of August, 2015.

For the Nuclear Regulatory Commission.

Catherine Haney, Director,

Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2015-21937 Filed 9-3-15; 8:45 am]
BILLING CODE 7590-01-P