[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: [email protected]. 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 [email protected]. 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 [email protected], 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
[email protected].
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 [email protected], 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
[email protected], 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]
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