SAFEGUARDS INFORMATION 

SAFEGUARDS INFORMATION

May 5, 2005

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

Orders (Enclosures 1 and 3) that modify the site-specific license for your independent

spent fuel storage installation (ISFSI) to require compliance with the specified: interim

safeguards and security compensatory measures (ICMs found in Enclosure 2) and additional

security measures associated with access authorization (ASMs found in Enclosure 4).

Enclosure 5 is an NRC Regulatory Information Summary regarding the NRC Threat Advisory

and Protective Measures System for ISFSIs. Enclosures 2, 4, and 5 contain Safeguards

Information (SGI). 

The Commission has determined that additional security measures are required following the

events of September 11, 2001, and has concluded that the security measures should be

embodied in Orders, consistent with the established regulatory framework. Due to the current

threat environment, the requirements of the enclosed Orders must be in place prior to first

receipt of spent fuel and initial operations at your ISFSI.

These actions are interim and the basis for the Orders is the need to take prudent actions to

address security requirements in the current threat environment. The Orders do not obviate 

NOTICE: Upon removal of Enclosures 2, 4, and 5 to the

Letter, this document and the enclosed Orders (Enclosures

1 and 3) are DECONTROLLED.

WARNING: Violation of Section 147 of

the Atomic Energy Act, “Safeguards

Information” is subject to Civil and 

Criminal Penalties.
SAFEGUARDS INFORMATION

G. Rueger -2-

 SAFEGUARDS INFORMATION 

the need for licensees to continue to meet and maintain the effectiveness of existing security

measures taken in response to the events of September 11, 2001. The requirements will

remain in effect until the Commission determines otherwise.

The enclosed Orders call for responses and actions within specified time frames. With respect

to the notices and submission required by Sections III.B and III.C of the Orders, for any security

measure that requires an analysis or is contingent upon completion of another requirement, it

will be a sufficient response if the licensee states in its 20-day submission: 

• (1) that completion of the requirement is dependent upon completion of an analysis or

other requirement;

• (2) the expected date of completion of the analysis or other requirement; and 

• (3) that upon such completion, the licensee will promptly submit the results of such

analysis or inform the NRC of the completion of the other requirement and the actions

thereafter proposed with respect to the requirement at issue, as well as the projected

date of completion.

If the licensee wishes to preserve its right to request a hearing on any requirement contingent

upon completion of an analysis or other requirement, a request for an extension of time to

request a hearing must be filed within 20 days of the date of these Orders in accordance with

Section IV of the Orders. Such a request may seek a reasonable period of time to request a

hearing beyond the date that the staff informs the licensee whether the actions proposed and

completion date for the requirement(s), contingent upon an analysis or other requirement, are

satisfactory.

Please note that letters of response to Sections III.B and III.C of the Orders should be

addressed to the ATTN: Document Control Desk, Director, Spent Fuel Project Office,

Office of Nuclear Materials Safety and Safeguards. Answers to the Order should be

addressed to the Secretary, Office of the Secretary of the Commission, as stated in

Section IV of the Order.

Please contact Paul J. Kelley, Jr. at 301-415-6101 for the ICM Order or Brad Baxter at 

301-415-6742 for the ASM Order on Access Authorization in the Office of Nuclear Security and

Incident Response; or Cynthia Barr at 301-415-4015, of my staff, to facilitate resolution of any

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

other questions. The enclosed Orders have been forwarded to the Office of the Federal

Register for publication.
SAFEGUARDS INFORMATION

G. Rueger -3-

 SAFEGUARDS INFORMATION 

The material in Enclosures 2, 4, and 5 contains SGI as defined by 10 CFR 73.21, and its

disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of

1954, as amended. Therefore, the material will not be made available electronically for public

inspection in the NRC Public Document Room or from the NRC’s document system (ADAMS),

accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

Margaret V. Federline, Acting Director

Office of Nuclear Material Safety

 and Safeguards

Docket No: 72-26

Enclosures: 1. ICM Order

2. Attachment 1 to Enclosure 1--ICMs for Dry ISFSI (SGI) 

3. ASM Order 

4. Attachment 1 to Enclosure 3--ASMs for Dry ISFSI w/ guidance (SGI)

5. Regulatory Issue Summary 2002-12D (SGI)

cc: w/ Encls 1 and 3 only, see next page
SAFEGUARDS INFORMATION

G. Rueger -3-

The material in Enclosures 2, 4, and 5 contains SGI as defined by 10 CFR 73.21, and its

disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of

1954, as amended. Therefore, the material will not be made available electronically for public

inspection in the NRC Public Document Room or from the NRC’s document system (ADAMS),

accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

Margaret V. Federline, Acting Director

Office of Nuclear Material Safety

 and Safeguards

Docket No: 72-26

Enclosures: 1. ICM Order

2. Attachment 1 to Enclosure 1--ICMs for Dry ISFSI (SGI) 

3. ASM Order 

4. Attachment 1 to Enclosure 3--ASMs for Dry ISFSI w/ guidance (SGI)

5. Regulatory Issue Summary 2002-12D (SGI)

cc: w/ Encls 1 and 3 only, see next page

 Robert Zimcowski, Security Manager (w/ SGI enclosures)

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