SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

WARNING: Violation of Section 147 of the Atomic

Energy Act, “Safeguards Information,” is subject to

Civil and Criminal Penalties.

Document transmitted herewith contains sensitive

unclassified information. When separated from

Attachment 1, this document is DECONTROLLED.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

FLORIDA POWER AND LIGHT COMPANY ) Docket No. 72-61

ST. LUCIE NUCLEAR PLANT ) EA-06-115

INDEPENDENT SPENT FUEL STORAGE )

INSTALLATION )

P. O. Box 14000 )

JUNO BEACH, FL 33408-0420 )

ORDER MODIFYING LICENSE

(EFFECTIVE IMMEDIATELY)

I

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

general license to Florida Power and Light Company (FP&L), authorizing the operation of 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. 

Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require FP&L 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.
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 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to the

public.

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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 has been issued to all licensees that 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, 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. On October 16, 2002, the

Commission issued Orders to the licensees of operating ISFSIs to put the actions taken in

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

security enhancements that emerged from NRC’s ongoing comprehensive review. 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 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 imposing requirements, as set forth in Attachment 11

 of this Order, on all 
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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, or 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. 

To provide assurance that FP&L is implementing prudent measures to achieve a

consistent level of protection to address the current threat environment, FP&L’s general license

issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in
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Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that,

in the circumstances described above, the public health, safety, and interest require that this

Order be immediately effective.

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 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. FP&L 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 FP&L’s security

plan. FP&L shall immediately start implementation of the requirements in Attachment 1

to the Order and shall complete implementation no later than November 30, 2006, with

the exception of the additional security measure B.4, which shall be implemented no

later than May 31, 2007. In any event, FP&L shall complete implementation of all

additional security measures prior to the first day that spent fuel is initially placed in the

ISFSI.

B. 1. FP&L 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 specific circumstances; or (3) if implementation of any of the requirements

would cause FP&L to be in violation of the provisions of any Commission

regulation or the facility license. The notification shall provide FP&L’s

justification for seeking relief from, or variation of, any specific requirement.
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2. If FP&L considers that implementation of any of the requirements described in

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

FP&L 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 requirements in question, or a schedule

for modifying the facility, to address the adverse safety condition. If neither

approach is appropriate, FP&L 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. FP&L 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. FP&L 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.

FP&L’s response 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.

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

relax or rescind any of the above conditions, on FP&L’s demonstration of good cause.
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IV

In accordance with 10 CFR 2.202, FP&L 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 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 II at Sam

Nunn Atlanta Federal Center, Suite 23T85, 61 Forsyth Street SW, Atlanta, GA 30303; and to

the licensee, if the answer or hearing request is by an entity 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 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 the FP&L requests
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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 FP&L 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), FP&L 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.

Attachment 1: Additional Security Measures

(This attachment contains Safeguards Information)