Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67193

1Attachment 1 contains safeguards information 

and will not be released to the public.

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 III at 2443 Warrenville 

Road, Suite 210, Lisle, IL 60532; and to 

the licensee if the answer or hearing 

request is by a person 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 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 Exelon requests a hearing, 

that person 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 2.714(d). 

If a hearing is requested by Exelon 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 a hearing 

shall be whether this Order should be 

sustained. 

Pursuant to 10 CFR 2.202(c)(2)(i), 

Exelon 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 a 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. 04–25363 Filed 11–15–04; 8:45 am] 

BILLING CODE 7590–01–P

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. 

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 CSB2@nrc.gov.

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.

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 

67194 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

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 hearingdocket@nrc.gov

and also to the Office of General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. 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 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67195

1Attachment 1 contains SAFEGUARDS 

INFORMATION and will not be released to the 

public.

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

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–54; EA–04–185] 

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 interim safeguards 

and security compensatory measures. 

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 CSB2@nrc.gov.

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) 

has been issued a general license by the 

U.S. Nuclear Regulatory Commission 

(NRC or the Commission) authorizing 

storage of spent fuel in an independent 

spent fuel storage installation (ISFSI) in 

accordance with the Atomic Energy Act 

of 1954, 10 CFR part 50, and 10 CFR 

part 72. This Order is being issued to 

OPPD who has identified near-term 

plans to store spent fuel in an ISFSI 

under the general license provisions of 

10 CFR part 72. The Commission 

regulations at 10 CFR 72.212(b)(5) and 

10 CFR 73.55(h)(1) require OPPD 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. 

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. 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 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 OPPD 

who has indicated near-term plans to 

store spent fuel in an ISFSI under the 

general license provisions of 10 CFR 

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.

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 OPPD’s 

facility to achieve the intended 

objectives and avoid any unforeseen 

effect on the safe storage of spent fuel. 

In order 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. 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 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. 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 their security 

plan. OPPD shall immediately start 

implementation of the requirements in 

Attachment 1 to the Order and shall 

complete implementation before spent 

fuel is initially placed in the ISFSI. 

B.1. OPPD shall, within twenty (20) 

days of the date of this Order, notify the 

Commission: (1) If they are 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