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 )

)

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

ST. LUCIE NUCLEAR PLANT ) EA 06-114

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 & Light Company (FP&L), 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 FP&L, 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 FP&L 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 FP&L,

which has indicated near-term plans to store spent fuel, in an ISFSI, under the general license

provisions of 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 or necessary, or

may need to be tailored to accommodate the specific circumstances existing at FP&L’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. FP&L’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. 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 its security plan. FP&L 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. 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
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 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 requirement(s) 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 in Condition B.1.

C. 1. FP&L 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. 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 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 FP&L demonstration of good cause. 

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 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 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 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
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

6

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 email, to OGCMailCenter@nrc.gov. If an entity other than FP&L requests a hearing, that entity

shall set forth, with particularity, the manner in which his 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.
SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

7

Attachment 1: Interim Safeguards and Security Compensatory Measures

(This attachment contains Safeguards Information)