[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67193-67195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25360]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-54 and EA-04-187]


In the Matter of Omaha Public Power District Fort Calhoun Station 
Independent Spent Fuel Storage Installation Order Modifying License 
(Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order for implementation of additional security 
measures associated with access authorization.

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FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager, 
Licensing and Inspection Directorate, Spent Fuel Project Office, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Rockville, MD 20852. Telephone: (301) 415-4015; fax number: 
(301) 415-8555; e-mail <a href="/cdn-cgi/l/email-protection#7b382839493b150918551c140d"><span class="__cf_email__" data-cfemail="db988899e99bb5a9b8f5bcb4ad">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission (NRC) 
is providing notice in the matter of Fort Calhoun Station Independent 
Spent Fuel Storage Installation Order Modifying License (Effective 
Immediately).

II. Further Information

I

    Omaha Public Power District (OPPD) holds a license issued by the 
U.S. Nuclear Regulatory Commission (NRC or the Commission) 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 OPPD 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.
    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 who 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, utilizing 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 in order 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 
which emerged from the 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 in order 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 1 \1\ of this Order, on all 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.
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    \1\ Attachment 1 contains safeguards information and will not be 
released to the public.
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    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

[[Page 67194]]

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.
    In order to provide assurance that OPPD is implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, OPPD's general license issued pursuant to 
10 CFR 72.210 shall be modified to include the requirements identified 
in 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. OPPD shall, notwithstanding the provisions of any Commission 
regulation or license to the contrary, comply with the requirements 
described in Attachment 1 to this Order except to the extent that a 
more stringent requirement is set forth in the OPPD's security plan. 
OPPD shall immediately start implementation of the requirements in 
Attachment 1 to the Order and shall complete implementation no later 
than 180 days from the date of this Order with the exception of the 
additional security measures B.4, which shall be implemented no later 
than 365 days from the date of this Order, or the first day that spent 
fuel is initially placed in the ISFSI, whichever is later.
    B.1. OPPD 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 their specific circumstances, or (3) 
if implementation of any of the requirements would cause OPPD to be in 
violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide OPPD's justification 
for seeking relief from or variation of any specific requirement.
    2. If OPPD considers that implementation of any of the requirements 
described in Attachment 1 to this Order would adversely impact the safe 
storage of spent fuel, OPPD 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, OPPD 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. OPPD 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. OPPD shall report to the Commission when they have achieved full 
compliance with the requirements described in Attachment 1.
    D. Notwithstanding the provisions of 10 CFR 72.212(b)(5), all 
measures implemented or actions taken in response to this Order shall 
be maintained until the Commission determines otherwise.
    OPPD'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, 
may, in writing, relax or rescind any of the above conditions upon 
demonstration by OPPD of good cause.

IV

    In accordance with 10 CFR 2.202, OPPD 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 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 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 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 IV, 
at 611 Ryan Plaza, Suite 400, Arlington, TX 76011-8064; and to the 
licensee if the answer or hearing request is by a person 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 
<a href="/cdn-cgi/l/email-protection#fd95989c8f94939a99929e969889bd938f9ed39a928b"><span class="__cf_email__" data-cfemail="e68e8387948f88818289858d8392a6889485c8818990">[email protected]</span></a> and also to the Office of General Counsel either 
by means of facsimile transmission to 301-415-3725 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#723d35313f131b1e31171c061700321c00115c151d04"><span class="__cf_email__" data-cfemail="c08f87838da1a9ac83a5aeb4a5b280aeb2a3eea7afb6">[email protected]</span></a>. If a person other than the OPPD requests a 
hearing, that person shall set forth with particularity the manner in 
which his/her interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.714(d).
    If a hearing is requested by OPPD 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), OPPD may, in addition to 
demanding a hearing at the time the answer is filed

[[Page 67195]]

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.

    Dated this 9th day of November 2004.

    For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-25360 Filed 11-15-04; 8:45 am]
BILLING CODE 7590-01-P


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