[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Notices]
[Pages 64664-64665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28502]
[[Page 64664]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-49; EA-03-174]
Entergy Operations, Inc., River Bend Power Station; Order
Modifying Licenses (Effective Immediately)
Entergy Operations, Inc., (EO) has been issued a general license by
the U.S. Nuclear Regulatory Commission (NRC or the Commission)
authorizing storage of spent fuel in an independent spent fuel storage
installation (ISFSI) in accordance with the Atomic Energy Act of 1954,
10 CFR part 50, and 10 CFR part 72. This Order is being issued to EO
who has identified near term plans to store spent fuel in an ISFSI
under the general license provisions of 10 CFR part 72. The
Commission's regulations in 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1)
require EO to maintain safeguards contingency plan procedures in
accordance with 10 CFR part 73, Appendix C. Specific safeguards
requirements are contained in 10 CFR 73.55.
On September 11, 2001, terrorists simultaneously attacked targets
in New York 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
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 EO who
has indicated near term plans to store spent fuel in an ISFSI under the
general license provisions of 10 CFR 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.
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\1\ Attachment 1 contains SAFEGUARDS information and will not be
released to the public.
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The Commission recognizes that some measures may not be possible or
necessary, or may need to be tailored to accommodate the specific
circumstances existing at EO's facility to achieve the intended
objectives and avoid any unforeseen effect on the safe storage of spent
fuel.
In order 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. EO's general license issued pursuant to 10 CFR
72.210 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 effective
immediately.
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 10 CFR Parts 50, 72, and
73, It is hereby ordered, effective immediately, that your general
license is modified as follows:
A. EO shall, notwithstanding the provisions of any Commission
regulation or license to the contrary, comply with the requirements
described in Attachment 1 to this Order except to the extent that a
more stringent requirement is set forth in their security plan. EO
shall immediately start implementation of the requirements in
Attachment 1 to the Order and shall complete implementation before
spent fuel is initially placed in the ISFSI.
B. 1. EO shall, within twenty (20) days of the date of this Order,
notify the Commission: (1) If they are unable to comply with any of the
requirements described in Attachment 1, (2) if compliance with any of
the requirements is unnecessary in their specific circumstances, or (3)
if implementation of any of the requirements would cause the licensee
to be in violation of the provisions of any Commission regulation or
the facility license. The notification shall provide the licensees'
justification for seeking relief from or variation of any specific
requirement.
2. If EO considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact the safe
storage of spent fuel, EO 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 in question, or a schedule for modifying
the facility to address the adverse safety condition. If neither
approach is appropriate, EO 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. EO 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. EO shall report to the Commission when they have achieved full
compliance with the requirements described in Attachment 1.
D. Notwithstanding the provisions of 10 CFR 72.212(b)(5), all
measures implemented or actions taken in response to this Order shall
be maintained until the Commission determines otherwise.
EO's responses to Conditions B.1, B.2, C.1, and C.2, 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 upon
demonstration by EO of good cause.
In accordance with 10 CFR 2.202, EO must, and any other person
adversely affected by this Order may, submit an answer to this Order,
and may request a hearing on this Order, within twenty (20) days of the
date of this Order. Where good cause is shown, consideration will be
given to extending the time to request a hearing. A request for
extension of time in which to submit an answer or request a hearing
must be made in writing to the Director, Office of Nuclear Material
Safety and
[[Page 64665]]
Safeguards, 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 Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant General Counsel for Materials
Litigation and Enforcement at the same address; to the Regional
Administrator for NRC Region IV; and to the licensee, if the answer or
hearing request is by a person other than the licensee. Because of
potential disruptions in delivery of mail to United States Government
offices, it is requested that answers and requests for hearing be
transmitted to the Secretary of the Commission, either by means of
facsimile transmission to 301-415-1101, or by e-mail to
[email protected], and also to the Office of the General Counsel,
either by means of facsimile transmission to 301-415-3725, or by e-mail
to [email protected]. If a person other than EO requests a hearing,
that person shall set forth with particularity the manner in which his
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by EO 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 a hearing shall be whether this Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), EO 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 at Rockville, MD, this 31st day of October 2003.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-28502 Filed 11-13-03; 8:45 am]
BILLING CODE 7590-01-P