SAFEGUARDS INFORMATION

June 15, 2006

 

EA 06-116

EA 06-117

Mr. Theodore Sullivan

Site Vice President - Vermont Yankee

Entergy Nuclear Vermont Yankee, LLC

P.O. Box 0500

185 Old Ferry Road

Brattleboro, VT 05302-0500

SUBJECT: ISSUANCE OF ORDERS FOR INTERIM SAFEGUARDS AND SECURITY

COMPENSATORY MEASURES AND FOR IMPLEMENTATION OF

ADDITIONAL SECURITY MEASURES ASSOCIATED WITH ACCESS

AUTHORIZATION FOR VERMONT YANKEE NUCLEAR POWER STATION

INDEPENDENT SPENT FUEL STORAGE INSTALLATION

Dear Mr. Thayer:

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

Orders (Enclosures 1 and 3) which modify the general license for your independent

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

compensatory measures (ICMs) for security and safeguards (Enclosure 2)(Attachment 1 to

Enclosure 1); and additional security measures (ASMs) associated with access authorization

(Enclosure 4)(Attachment 1 to Enclosure 3). 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, since the

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

embodied in Orders, consistent with the established regulatory framework. The requirements

of the enclosed Orders must be in place before first receipt of spent fuel and initial operations at

your ISFSI.

 SAFEGUARDS INFORMATION

WARNING: Violation of Section 147 of the

Atomic Energy Act, "Safeguards Information,"

is subject to Civil and Criminal Penalties.

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

Letter, this document and the enclosed Orders (Enclosures

1 and 3) are DECONTROLLED.
SAFEGUARDS INFORMATION

T. Sullivan -2-

The Orders do not obviate 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

requirement of the ICMs or ASMs (SGI attachments to the Orders) that requires an analysis or

is contingent on completion of another requirement of the ICMs or ASMs, it will be a sufficient

response if the licensee states in its 20-day submission:

(1) That completion of the requirement depends upon completion of an analysis or other

requirement;

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

(3) That, on such completion, the licensee will promptly submit the results of such analysis or

inform 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 Entergy Nuclear Vermont Yankee, LLC wishes to preserve its right to request a hearing on

any requirement, contingent on 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 on 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 Material Safety and Safeguards. Answers to the Orders should be addressed to the

Secretary, Office of the Secretary of the Commission, as stated in Section IV of the Orders.

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

301-415-6742, for the ASM Order, in the Office of Nuclear Security and Incident Response; or

Christopher M. Regan, at 301-415-1179, of my staff, to facilitate resolution of any issues related

to compliance with the requirements in the enclosed Orders, or to facilitate answering any other

questions you may have. The enclosed Orders have been forwarded to the Office of the

Federal Register, for publication.

 SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION

T. Sullivan -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 NRC’s Agencywide Documents Access

and Management System, accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html.

Sincerely,

/RA/

Jack R. Strosnider, Director

Office of Nuclear Material Safety

 and Safeguards

Docket No: 72-59

Enclosures:

1. ICM Order

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

3. ASM Order

4. Attachment 1 to Enclosure 3, ASMs for ISFSI (SGI)

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

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

 SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION

T. Sullivan -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 NRC’s Agencywide Documents Access

and Management System, accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html.

Sincerely,

/RA/

Jack R. Strosnider, Director

Office of Nuclear Material Safety

 and Safeguards

Docket No: 72-59

Enclosures:

1. ICM Order

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

3. ASM Order

4. Attachment 1 to Enclosure 3, ASMs for ISFSI (SGI)

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

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

DISTRIBUTION:

NRC File Ctr NMSS r/f NSIR r/f MBurrell, OE RVirgilio, STP RLorson, RI/DRS

OEWEB SFPO r/f PKelley, NSIR BMorency, NRR CAnderson, RI/DRP

OEMAIL DNS r/f BBaxter, NSIR MMiller, RI/NMSS Robert Price

 PKG ML061600398

OFFICE: SFPO E SFPO:LA C Tech Ed SFPO:SC OE OGC

NAME: CRegan E. Ziegler EKraus M. Wong MJohnson JGoldberg 

DATE: 4/26 /06 4/27/06 5/8/06 4/28/06 5/4/06 5/12/06

OFFICE: D:DNS SFPO:DD SFPO:D NMSS:D

NAME: GTracy WRuland EBrach JStrosnider

DATE: 5 /18 /06 6/9/06 6/9/06 6 / 15 /06

C = COVER E = COVER & ENCLOSURE (non-SGI only) N = NO COPY

OFFICIAL RECORD COPY