SAFEGUARDS INFORMATION

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.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

ENTERGY NUCLEAR VERMONT ) Docket No. 72-59

 YANKEE, LLC. ) EA 06-116

VERMONT YANKEE NUCLEAR POWER )

 STATION )

INDEPENDENT SPENT FUEL STORAGE )

 INSTALLATION )

P.O. BOX 0500 )

185 OLD FERRY ROAD )

BRATTLEBORO, VT 05302-0500 )

ORDER MODIFYING LICENSE

(EFFECTIVE IMMEDIATELY)

I

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

license to Entergy Nuclear Vermont Yankee, LLC. (Entergy), authorizing storage of spent fuel in

an independent spent fuel storage installation (ISFSI) in accordance with the Atomic Energy Act of

1954, and Title 10 of the Code of Federal Regulations (10 CFR) Part 50, and 10 CFR Part 72. 

This Order is being issued to Entergy which has identified near-term plans to store spent fuel in an

ISFSI under the general license provisions of Part 72. The Commission’s regulations at 10 CFR

72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy 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.
SAFEGUARDS INFORMATION

1

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

public. 

SAFEGUARDS INFORMATION

2

II

On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and

Washington, DC, using 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, 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, 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 11

 of this Order, on Entergy,

which 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.
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

3

The Commission recognizes that some measures may not be possible nor necessary, or

may need to be tailored to accommodate the specific circumstances existing at Entergy’s facility,

to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent

fuel.

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. Entergy’s general license issued pursuant to 10 CFR 72.210 is modified to

include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR

2.202(a)(5), the Commission finds that, in the circumstances described above, the public health,

safety, and interest require that this Order be effective immediately.

III

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. Entergy shall comply with the requirements described in Attachment 1 to this Order, except

to the extent that a more stringent requirement is set forth in its security plan. Entergy

shall immediately start implementation of the requirements in Attachment 1 to the Order

and shall complete implementation before November 30, 2006, or the first day that spent

fuel is initially placed in the ISFSI, whichever is earlier.

B. 1. Entergy 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 its
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

4

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. If Entergy considers that implementation of any of the requirements described in

Attachment 1 to this Order would adversely impact the safe storage of spent fuel,

Entergy 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(s) in question, or a schedule for

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

appropriate, Entergy 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. Entergy 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. Entergy shall report to the Commission when it has achieved full compliance with

the requirements described in Attachment 1.

D. All measures implemented or actions taken in response to this Order shall be maintained

until the Commission determines otherwise.

Entergy’s responses to Conditions B.1, B.2, C.1, and C.2, above, 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.
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

5

The Director, Office of Nuclear Material Safety and Safeguards (NMSS) may, in writing,

relax or rescind any of the above conditions, on Entergy’s demonstration of good cause. 

IV

In accordance with 10 CFR 2.202, Entergy must, and any other entity 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 Safeguards, and the Director, Office of Enforcement, 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 entity 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 Director, Office of Enforcement, at the same address;

to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address;

to the Regional Administrator for NRC Region I at 475 Allendale Road, King of Prussia, PA 19406-

1415; and to the licensee, if the answer or hearing request is by an entity 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
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

6

hearingdocket@nrc.gov, and also to the Office of the General Counsel (OGC), either by means of

facsimile transmission, to 301-415-3725, or by e-mail, to OGCMailCenter@nrc.gov. If an entity

other than Entergy requests a hearing, that entity shall set forth, with particularity, the manner in

which its interest is adversely affected by this Order and shall address the criteria set forth in

10 CFR 2.309.

If Entergy or an entity whose interest is adversely affected requests a hearing, the

Commission will issue an Order designating the hearing’s time and place. 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), Entergy 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.

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

/RA/

Jack R. Strosnider, Director

Office of Nuclear Material Safety

 and Safeguards

Dated this 15th day of June 2006.
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

7

Attachment: Interim Safeguards and Security Compensatory Measures

(This attachment contains Safeguards Information)