7590-01-P

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of )

) Docket Nos. (as shown in Attachment 1)

OPERATING POWER REACTOR ) License Nos. (as shown in Attachment 1)

LICENSEES IDENTIFIED IN ATTACHMENT 1 ) EA-06-137

ORDER MODIFYING LICENSES

(EFFECTIVE IMMEDIATELY)

I.

The licensees identified in Attachment 1 to this Order hold licenses issued by the U.S.

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

power plants in accordance with the Atomic Energy Act of 1954 and Title 10 of the Code of

Federal Regulations (10 CFR) Part 50. 

II.

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

and Washington, D.C., 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, and eventually Orders to selected licensees,

to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear

facility. On February 25, 2002, the Commission issued an Order to all operating power reactor

licensees that required certain compensatory measures be implemented (February 25th Order).
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1

Attachment 2 contains Safeguards Information and will not be publicly disclosed.

On December 2, 2005, the Commission issued a Demand for Information (DFI) to the

power reactor licensees. The DFI required responses regarding whether certain identified key

mitigative strategies, related to Section B.5.b. of the February 25th Order, for loss of large areas

of the plant due to large fires or explosions were applicable to their facilities. The DFI also

required certain related information, including whether the licensees acknowledged that the

identified key strategies were required by Section B.5.b. of the February 25th Order. All

licensees responded to the DFI with the required information but all responses stated that the

strategies were not required by Section B.5.b.

As a result of the Commission’s continued assessment of Section B.5.b mitigation

strategies for loss of large areas of the plant due to large fires or explosions, the Commission

has determined that it is necessary at this time to require implementation of certain key

radiological protection mitigation strategies. The key radiological protection mitigation

strategies are set forth in Attachment 21

 of this Order. Each licensee must amend its site

security plan, safeguards contingency plan, guard training and qualification plan, and

emergency plan as appropriate to address the key radiological protection mitigation strategies

identified for its facilities. The Commission’s assessment of the other mitigating strategies

required by Section B.5.b. of the February 25th Order is continuing. 

Any needed changes to the physical security plan, safeguards contingency plan, guard

training and qualification plan, and emergency plan required by 10 CFR 50.34(c), 50.34(d),

73.55(b)(4)(ii), and 50.47(b) respectively, shall be completed and implemented within 120 days

of the date of this Order.
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Pursuant to 10 CFR 2.202, I find that in the circumstances described above, the public

health, safety, and interest and the common defense and security require that this Order be

immediately effective.

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 and 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT

ALL LICENSES IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER ARE MODIFIED AS

FOLLOWS: 

A. 1. Each licensee shall revise its physical security plan, safeguards contingency

plan, guard training and qualification plan, and emergency plan prepared

pursuant to 10 CFR 50.34(c), 50.34(d), 73.55(b)(4)(ii), and 50.47(b), as

appropriate, to incorporate the key radiological protection mitigation strategies

set forth in Attachment 2 to this Order. In addition, each licensee shall ensure

that site procedures, and initial and recurring operations staff training programs,

are updated to include the key radiological protection mitigation strategies set

forth in Attachment 2 to this Order. 

2. Each licensee shall implement any necessary changes to its physical security

plan, safeguards contingency plan, guard training and qualification plan,

emergency plan, and site procedures and training programs no later than 120

days from the date of this Order. 
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B. 1. Each licensee shall, within 35 days of the date of this Order, notify the

Commission, (1) if the licensee is unable to comply with any requirements of this

Order, (2) if compliance with any requirement of this Order is unnecessary in the

licensee’s specific circumstances, or (3) if implementation of any requirement of

this Order 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 of

this Order would adversely impact safe operation of the facility must notify the

Commission, within 35 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 of this Order, or a

schedule for modifying the facilities 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 in Condition B.1. 

C. Each licensee shall report to the Commission, in writing, when it has fully implemented

this Order. The notification shall be made no later than 120 days from the date of the

Order and include substitute security plan, safeguards contingency plan, guard training

and qualification plan, and emergency plan pages that reflect any changes made to

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

maintained until the Commission determines otherwise, except that the licensee may

change its physical security plans, safeguards contingency plans, and guard training

and qualification plans if authorized by 10 CFR 50.54(p) and may change its revised

emergency preparedness plan if authorized by 10 CFR 50.54(q).

Licensee responses to Conditions A.1., B.1., B.2., and C. above, shall be submitted in

accordance with 10 CFR 50.4. In addition, licensee submittals that contain safeguards 

information shall be properly marked and handled in accordance with 10 CFR 73.21.

The Director, Office of Nuclear Reactor Regulation, may, in writing, relax or rescind any

of the above conditions upon demonstration by the licensee of good cause. 

IV.

In accordance with 10 CFR 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 35 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 an extension of time in which

to submit an answer or request a hearing must be made in writing to the Director, Office of

Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-

0001, 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
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and Adjudications Staff, Washington, DC 20555-0001. Copies also shall be sent to the

Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001; the Assistant General Counsel for Materials Litigation and

Enforcement at the same address; the Regional Administrator for NRC Region I, II, III, or IV, as

appropriate for the specific facility; and the licensee if the answer or hearing request is by a

person other than the licensee. Because of possible delays 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 hearingdocket@nrc.gov and also to the Office of the 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 or her interest is adversely affected by this Order and shall address the

criteria set forth in 10 CFR 2.309.

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 CFR 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 ground 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 35 days
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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/

J. E. Dyer, Director

Office of Nuclear Reactor Regulation

Dated this 20th day of June 2006.