SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

August 18, 2004

EA-03-097

Holder of Licenses for Operating Independent Spent Fuel Storage Installation

See Addressee List

[Chief Nuclear Officer] 

SUBJECT: ISSUANCE OF ORDER FOR IMPLEMENTATION OF ADDITIONAL SECURITY

MEASURES ASSOCIATED WITH ACCESS AUTHORIZATION FOR [Facility

Name] 

Dear Mr. [Chief Nuclear Officer] 

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued the enclosed

Order that modifies the current license for your independent spent fuel storage installation

(ISFSI) to require compliance with the specified additional security measures (ASMs). The

Order applies to all Addressees listed in Attachment 2 to the enclosed Order. The ASMs are

listed in Attachment 1 (contains Safeguards Information) to the enclosed Order. The

Commission recognizes that you have voluntarily and responsibly implemented additional

security measures following the events of September 11, 2001. However, in light of the current

threat environment, the Commission concludes that these ASMs are necessary, consistent with

the established regulatory framework. The Commission has determined that the current threat

environment requires that the enclosed Order be effective immediately. 

This Order does not eliminate the need for licensees to continue to meet the objectives of the

current security protective measures as promulgated by updated security advisories. Licensees

must also continue to maintain the effectiveness of existing security measures taken in

response to the events of September 11, 2001, and any subsequent Orders issued. The

requirements of this Order remain in effect until the Commission determines otherwise. 

Document transmitted herewith contains sensitive

unclassified information. When separated from

Attachment 1, this document is decontrolled.

Warning: Violation of Section 147 of the Atomic

Energy Act, “Safeguards Information” is subject

to Civil and Criminal Penalties.
SAFEGUARDS INFORMATION

-2-

SAFEGUARDS INFORMATION

[CNO Heading] 

The enclosed Order calls for responses and actions within specified time frames. Please

contact your Project Manager or Brad Baxter (301-415-6742) to facilitate resolution of any

issues related to compliance with the requirements in the enclosed Order, or if you have any

other questions.

The enclosed Order has been forwarded to the Office of the Federal Register for publication. 

Sincerely, 

/RA/

Margaret V. Federline, Deputy Director 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: Order w/Attachments

Docket No(s). Included in Addressee List
SAFEGUARDS INFORMATION

3

SAFEGUARDS INFORMATION

[CNO Heading] 

The enclosed Order calls for responses and actions within specified time frames. Please

contact your Project Manager or Brad Baxter (301-415-6742) to facilitate resolution of any

issues related to compliance with the requirements in the enclosed Order, or if you have any

other questions.

The enclosed Order has been forwarded to the Office of the Federal Register for publication. 

Sincerely, 

/RA/

Margaret V. Federline, Deputy Director

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: Order w/Attachments

Docket No(s). Included in Addressee List

DISTRIBUTION: W2004200124

Non-Public P. Norry CIO RIDS/NMSS/OD EDO R/F W. Dean OPA

RIDS/RES/OD W. Kane C. Miller CFO RIDS/FSPB/OD C. PaperielloOGC

RIDS/SFPO/OD FCongel A.Thadani

* See previous concurrence ADAMS NO. ML042250366

OFFICE LPSS LPSS/ASC DNS/DD DNS/D

NAME BBaxter* GWest* JShea* GTracy*

DATE 07/27/04 08/06/04 08/09/04 08/13/04

OFFICE NMSS/SFPO NMSS/SFPO:D OE OGC

NAME CBarr* WBrach* FCongel* DCummings*

DATE 08/10/04 08/10/04 08/13/04 08/13/04

OFFICE NSIR/D NMSS/D

NAME RZimmerman* MFederline

DATE 08/13/04 08/ /04

OFFICIAL RECORD COPY
1

SAFEGUARDS INFORMATION

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of)

)

ALL INDEPENDENT SPENT FUEL STORAGE)EA-03-097

INSTALLATION LICENSEES)Docket Nos. (as shown in Attachment 2)

ORDER MODIFYING LICENSE

(EFFECTIVE IMMEDIATELY)

I

The licensees identified in Attachment 2 to this Order hold licenses issued by the U.S.

Nuclear Regulatory Commission (NRC or the Commission) authorizing the operation of

Independent Spent Fuel Storage Installation (ISFSI) facilities in accordance with the Atomic

Energy Act of 1954 and Title 10 of the Code of Federal Regulations (10 CFR) Part 50 and/or

10 C.F.R. Part 72. Commission regulations at 10 C.F.R. 72.184 and 10 C.F.R. 72.212 require

these licensee 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. 

SAFEGUARDS INFORMATION

Document transmitted herewith contains sensitive

unclassified information. When separated from

Attachment 1, this document is decontrolled.

Warning: Violation of Section 147 of the Atomic

Energy Act, “Safeguards Information” is subject

to Civil and Criminal Penalties.
2

Inasmuch as an insider has an opportunity equal to or greater than any other person to

commit radiological sabotage, the Commission has determined these measures to be prudent. 

This Order is being issued to all licensees who currently store spent fuel or have identified near

term plans to store spent fuel in an ISFSI. 

II

On September 11, 2001, terrorists simultaneously attacked targets in New York, N.Y., and

Washington, D.C., 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. On October 16, 2002, the Commission issued

Orders to the licensees of operating independent spent fuel storage installations to put the actions

taken in response to the Advisories in the established regulatory framework and to implement

additional security enhancements which emerged from the NRC’s ongoing comprehensive review. 

The Commission has also communicated with other Federal, State, 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 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 
1

 Attachment 1 contains SAFEGUARDS information and will not be released to the

public.

3

imposing requirements, as set forth in Attachment 11 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 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, 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. In order to

provide assurance that licensees are implementing prudent measures to achieve a consistent level

of protection to address the current threat environment, licenses issued pursuant to 10 C.F.R.

72.40 and 10 C.F.R. 72.210 to the licensees identified in Attachment 2 to this Order shall be

modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant

to 10 C.F.R. 2.202, I find that in the circumstances described above, the public health, safety and

interest require that this Order be immediately effective.
4

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 C.F.R. 2.202

and 10 C.F.R. Parts 50, 72 and 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY,

THAT ALL LICENSES IDENTIFIED IN ATTACHMENT 2 TO THIS ORDER IS MODIFIED AS

FOLLOWS:

A. All licensees 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 the licensee’s security

plan. The licensees shall immediately start implementation of the requirements in

Attachment 1 to the Order and shall complete implementation no later than 180 days from

the date of this Order with the exception of the additional security measures B.4, which

shall be implemented no later than 365 days from the date of this Order, or the first day

that spent fuel is initially placed in the ISFSI, whichever is later. 

B. 1. The Licensee shall, within twenty (20) days of the date of this Order, notify the

Commission, (1) if it is unable to comply with any of the requirements described in

Attachment 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 licensee’s justification for

seeking relief from or variation of any specific requirement.

2. Any licensee that considers that implementation of any of the requirements

described in Attachment 1 to this Order would adversely impact the safe storage of

spent fuel 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
5

adverse safety impact, and either a proposal for achieving the same objectives

specified in the Attachment 1 requirements in question, or a schedule for modifying

the facility to address the adverse safety condition. If neither approach is

appropriate, the licensee must supplement its response to Condition B.1 of this

Order to identify the condition as a requirement with which it cannot comply, with

attendant justifications as required under Condition B.1.

C. 1. All licensees shall, within twenty (20) days of this Order, submit to the Commission

a schedule for achieving compliance with each requirement described in

Attachment 1.

2. All licensees shall report to the Commission when they have achieved full

compliance with the requirements described in Attachment 1.

D. Notwithstanding the provisions of 10 C.F.R. 72.186 and 10 C.F.R. 72.212(b)(5), all

measures implemented or actions taken in response to this Order shall be maintained until

the Commission determines otherwise. Licensee’s response to Conditions B.1, B.2, C.1,

and C.2, above shall be submitted in accordance with 10 C.F.R. 72.4. In addition, licensee

submittals that contain Safeguards Information shall be properly marked and handled in

accordance with 10 C.F.R. 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 the Licensee of good cause. 
6

IV

In accordance with 10 C.F.R. 2.202, the licensee must, and any other person adversely

affected by this Order may, submit an answer to this Order, and may request a hearing on this

Order, within twenty (20) days of the date of this Order. Where good cause is shown,

consideration will be given to extending the time to request a hearing. A request for extension of

time in which to submit an answer must be made in writing to the Director, Office of Nuclear

Material Safety and 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 I, II, III or IV as appropriate for the specific facility; and to

the licensee if the answer or hearing request is by a person other than the licensee. Because of

possible disruptions in delivery of mail to United States Government offices, it is requested that

requests for a 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 General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail

to OGCMailCenter@nrc.gov. If a person other than the licensee requests a hearing, that person

shall set forth with particularity the manner in which his/her interest is adversely affected by this

Order and shall address the criteria set forth in 10 C.F.R. 2.714(d).
7

If a hearing is requested by the Licensee or a person whose interest is adversely affected,

the Commission will issue an Order designating the time and place of any hearing. If a hearing is

held, the issue to be considered at such hearing shall be whether this Order should be sustained.

Pursuant to 10 C.F.R. 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing

at the time the answer is filed or sooner, move the presiding officer to set aside the immediate

effectiveness of the Order on the grounds that the Order, including the need for immediate

effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations or

error.
8

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. 

FOR THE NUCLEAR REGULATORY COMMISSION 

Margaret V. Federline, Deputy Director 

Office of Nuclear Material Safety 

and Safeguards

Dated this__18__ day of August 2004.

 Attachments:

1) Additional Security Measures

2) List of Addressees
Independent Spent Fuel Storage Installation Addressee List

Attachment 2

James E. Ellis

Manager, Morris Operation

General Electric Company

GE Morris Operation Plant

Docket No. 72-1

7555 East Collins Road

Morris, IL 60450-9740

David A. Christian

Senior Vice President and Chief Nuclear Officer

Virginia Electric and Power Company

Surry Power Station, Units 1 and 2

Docket No. 72-2

Innsbrook Technical Center

5000 Dominion Boulevard

Glen Allen, VA 23060-6711

J. W. Moyer

Senior Vice President and Chief Nuclear Officer

Progress Energy

H. B. Robinson Steam Electric Plant, Unit 2

Docket No. 72-3

3581 West Entrance Road

Hartsville, NC 29550

Henry B. Barron

Group Vice President Nuclear Generation and Chief Nuclear Officer

Duke Power Company

Oconee Nuclear Station, Units 1, 2 and 3

Docket No. 72-4

526 South Church Street, EC07H

P.O Box 1006(28201-1006)

Charlotte, NC 28202

John Paul Cowan

Executive Vice President and Chief Nuclear Officer

Nuclear Management Company, LLC

Point Beach Nuclear Plant, Units 1 and 2

Docket No. 72-5

700 First Street

Hudson, WI 54016
John Paul Cowan

Executive Vice President and Chief Nuclear Officer

Nuclear Management Company, LLC

Palisades Nuclear Plant

Docket No. 72-7

700 First Street

Hudson, WI 54016

George Vanderheyden

Vice President

Calvert Cliffs Nuclear Power Plant, Inc.

Calvert Cliffs Nuclear Power Plant, Units 1 and 2

Docket No. 72-8

1650 Calvert Cliffs Parkway

Lusby, MD 20357-4702

Elizabeth D. Sellers

Manager, INEEL

c/o Deeann Long-Security

US DOE, Idaho Operations Office, South

Fort Saint Vrain Power Station

Docket No. 72-9

785 DOE Place

Mailstop 1170

Idaho Falls, ID 83401-1203

John Paul Cowan

Executive Vice President and Chief Nuclear Officer

Nuclear Management Company, LLC

Prairie Island Nuclear Generating Plant

Docket No. 72-10

700 First Street

Hudson, WI 54016

Steve Redecker

Plant Manager, Rancho Seco Nuclear Generating Station

Sacramento Municipal Utility District

Rancho Seco Nuclear Generating Station

Docket No. 72-11

14440 Twin Cities Road

Herald, CA 95638-9799

Michael Kansler

President

Entergy Nuclear Operations, Inc.

James A. FitzPatrick Nuclear Power Plant

Docket No. 72-12

440 Hamilton Avenue

White Plains, NY 10601

Jeffrey S. Forbes
Site Vice President

Entergy Nuclear Operations, Inc.

Arkansas Nuclear One, Units 1 and 2

Docket No. 72-13

1448 S. R. 333

Russelville, AR 72802

Gary Leidich

Vice President

First Energy

Davis-Besse Nuclear Power Station

Docket No. 72-14

76 S. Main Street

Akron, OH 44308

Christopher M. Crane

President and Chief Nuclear Officer

Exelon Generation Company, LLC

Oyster Creek Nuclear Generating Station

Docket No. 72-15

4300 Winfield Road

Warrenville, IL 60555

David A. Christian

Senior Vice President and Chief Nuclear Officer

Virginia Electric and Power Company

North Anna Power Station

Docket No. 72-16

Innsbrook Technical Center

5000 Dominion Boulevard

Glen Allen, VA 23060-6711

Stephen M. Quennoz

Vice President Power Supply Generation

Portland General Electric Company

Trojan Nuclear Power Plant

Docket No. 72-17

121 South West Salmon Street

Portland, OR 97204
Elizabeth D. Sellers

Manager, INEEL

c/o Deeann Long-Security

US DOE, Idaho Operations Office, South

Three Mile Island Power Station, Unit 2

Docket No. 72-20

785 DOE Place

Mailstop 1170

Idaho Falls, ID 83401-1203

Bryce L. Shriver

Senior Vice President and CNO

Susquehanna Steam Electric Company

Susquehanna Steam Electric Station, Units 1 and 2

Docket No. 72-28

2 North Ninth Street

Allentown, PA 18101

Christopher M. Crane

President and CNO

Exelon Generation Company, LLC

Peach Bottom Atomic Power Station, Units 2 and 3

Docket No. 72-29

4300 Winfield Road

Warrenville, IL 60555

Michael Meisner

Chief Nuclear Officer

Maine Yankee Atomic Power Company

Maine Yankee Atomic Power Station

Docket No. 72-30

321 Old Ferry Road

Wiscasset, ME 04578-4922

Richard Kackick

Chief Nuclear Officer

Yankee Atomic Electric Company

Yankee Rowe Nuclear Power Station

Docket No. 72-31

19 Midstate Drive, Suite 200

Auburn, MA 01501

John Paul Cowan

Executive Vice President and Chief Nuclear Officer

Nuclear Management Company, LLC

Duane Arnold Energy Center

Docket No. 72-32

700 First Street

Hudson, WI 54016

Karl Singer
Chief Nuclear Officer

Tennessee Valley Authority

Sequoyah Nuclear Plant, Units 1 and 2

Docket No. 72-34

1101 Market Street 6A Lookout Place

Chattanooga, TN 37402-2801

J. V. Parrish

Chief Nuclear Officer

Energy Northwest MD 1023

Columbia Generating Station

Docket No. 72-35

Snake River Warehouse North Power Loop

Richland, WA 99352

Louis Sumner

Site Vice President

Southern Nuclear Operating Company

Edwin I. Hatch Nuclear Plant, Units 1 and 2

Docket No. 72-36

40 Inverness Center Parkway

Birmingham, AL 35242

Christopher M. Crane

President and Chief Nuclear Officer

Exelon Generation Company, LLC

Dresden Nuclear Power Station, Units 2 and 3

Docket No. 72-37

4300 Winfield Road

Warrenville, IL 60555

Henry B. Barron

Group Vice President Nuclear Generation and Chief Nuclear Officer

Duke Power Company

William B. McGuire Nuclear Station, Units 1 and 2

Docket No. 72-38

526 South Church Street, EC07H

P.O Box 1006(28201-1006)

Charlotte, NC 28202

Wayne A. Norton

President

Connecticut Yankee Atomic Power Company

Haddam Neck Nuclear Plant

Docket No. 72-39

362 Injun Hollow Road

East Hampton, CT 06424-3099

Henry B. Barron

Group Vice President Nuclear Generation and Chief Nuclear Officer

Duke Power Company
Oconee Nuclear Station

Docket No. 72-40

526 South Church Street, EC07H

P.O Box 1006(28201-1006)

Charlotte, NC 28202

Harold B. Ray

Executive Vice President

Southern California Edison

San Onofre Nuclear Station, Units 2 and 3

Docket No. 72-41

8631 Rush Street

Rosemead, CA 91770

Mike Stinson

Site Vice President

Southern Nuclear Operating Company

Joseph M. Farley Nuclear Plant, Units 1 and 2

Docket No. 72-42

40 Inverness Center Parkway

Birmingham, AL 35242

Robert A. Fenech

Senior Vice President, Nuclear, Fossil, and Hydro Operations

Consumer Energy Company

Big Rock Point Restoration Site

Docket No. 72-43

1945 W. Parnell Road

Jackson, MI 49201

Gregg R. Overbeck

Senior Vice President

Arizona Public Service Company

Palo Verde Nuclear Generating Station

Units 1, 2 and 3

Docket No. 72-44

5801 South Wintersburg Road Mail Station 7602

Tonopah, AZ 85354-7529
David A. Christian

Senior Vice President, Chief Nuclear Officer

Virginia Electric and Power Company

Millstone Power Station, Units 2 and 3

Docket No. 72-47

Innsbrook Technical Center

5000 Dominion Boulevard

Glen Allen, VA 23060-6711

Paul Hinnenkamp

Vice President Operations

Entergy Operations, Inc.

River Bend Station, Unit 1

Docket No. 72-49

5485 U.S. Highway 61

St. Francisville, LA 70775

Michael Kansler

President

Entergy Nuclear Operations

Indian Point Nuclear Generating Station, Units 2 and 3

Docket No. 72-51

440 Hamilton Avenue

White Plains, NY 10601

Karl Singer

Chief Nuclear Officer

Tennessee Valley Authority

Browns Ferry Nuclear Plant, Units 1, 2 and 3

Docket No. 72-52

1101 Market Street 6A Lookout Place

Chattanooga, TN 37402-2801