67556 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Notices

The safety evaluation may be

examined, and/or copied for a fee, at the

NRC’s Public Document Room, located

at One White Flint North, 11555

Rockville Pike (first floor), Rockville,

Maryland. Publically available records

will be accessible electronically from

the ADAMS Public Library component

on the NRC Web site, http://

www.nrc.gov (the Public Electronic

Reading Room).

IV

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12(a), the exemption is authorized by

law, will not present an undue risk to

the public health and safety, and is

consistent with the common defense

and security. Also, special

circumstances are present pursuant to

10 CFR 50.12(a)(2)(v), in that the

exemption would provide only

temporary relief from the applicable

regulations, and the licensee has made

good faith efforts to comply with the

regulations. Therefore, the Commission

hereby grants EOI, specifically for

GGNS, a one-time scheduler exemption

from the requirements to conduct an

exercise of its onsite and offsite

emergency plans every 2 years with fullparticipation by each offsite authority

having a role under the plan as required

by 10 CFR part 50, Appendix E, sections

IV.F.2.b. and c. To allow flexibility,

should it be necessary, the exemption is

granted to permit conduct of the fullparticipation exercise before the end of

the third quarter of 2002, with the

understanding that it should be

conducted as close as practical to the

licensee’s proposed date of the week of

March 4, 2002.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (66 FR 64480).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 20th day

of December, 2001.

For the Nuclear Regulatory Commission.

Ledyard B. Marsh,

Acting Director, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–32058 Filed 12–28–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Docket No. 71–0122, Approval No. 0122,EA–

01–164]

In the Matter of J.L. Shepherd &

Associates San Fernando, CA;

Confirmatory Order Relaxing Order

(Effective Immediately)

I

J. L. Shepherd & Associates (JLS&A or

Approval Holder) was the holder of

Quality Assurance (QA) Program

Approval for Radioactive Material

Packages No. 0122 (Approval No. 0122),

issued by the U.S. Nuclear Regulatory

Commission (NRC or Commission)

pursuant to 10 CFR part 71, subpart H.

The approval was previously issued

pursuant to the QA requirements of 10

CFR section 71.101. QA activities

authorized by Approval No. 0122

include: design, procurement,

fabrication, assembly, testing,

modification, maintenance, repair, and

use of transportation packages subject to

the provisions of 10 CFR part 71.

Approval No. 0122 was originally

issued January 17, 1980. Revision No. 6

was issued December 6, 2001, with an

expiration date on November 30, 2006.

In addition to having a QA program

approved by the NRC to satisfy the

provisions of 10 CFR part 71, subpart H,

to transport or deliver for transport

licensed material in a package, JLS&A is

required by 10 CFR part 71, subpart C,

to have and comply with the package’s

Certificate of Compliance (CoC) issued

by the NRC. Based on the JLS&A failure

to comply with 10 CFR part 71, QA

Program Approval No. 0122 was

withdrawn by an immediately effective

NRC Order, dated July 3, 2001.

II

By letter dated August 17, 2001,

JLS&A responded to the U. S. Nuclear

Regulatory Commission’s July 2001

Order. In a August 16, 2001, response,

appended to the August 17, 2001, letter,

JLS&A requested that provisions of the

Order be relaxed based on a showing of

good cause. Specifically, JLS&A

requested interim relief from the July

2001 Order based on JLS&A’s proposed

Near-Term Corrective Action Plan

(NTCAP), to allow 68 shipments to 16

customers, in Department of

Transportation specification packaging

designated as 20WC. The NRC staff

reviewed JLS&A’s relief request to

determine, among other things, whether

the requested relief would be consistent

with assurances that public health and

safety are maintained. As a result the

NRC issued a Confirmatory Order

Relaxing Order dated September 19,

2001, which relaxed the July 3, 2001,

Order to grant interim relief to allow 68

shipments to 16 customers in 20WC

packages in accordance with JLS&A’s

NTCAP, through March 2002, provided

certain commitments were completed.

A condition of the September 19,

2001,Order was that JLS&A hold all

shipments until NRC has completed an

inspection which confirms JLS&A’s

satisfactory completion of the identified

commitments. Subsequent to

certifications under oath and affirmation

from both J. L. Shepherd and the

independent auditor that the conditions

of the Confirmatory Order have been

completed, the NRC conducted an

inspection at the JLS&A facility on

November 13–15, 2001. As a result of

the inspection findings, the inspection

team authorized JLS&A to commence

the shipments in accordance with the

Confirmatory Order. By letter dated

November 20, 2001, NRC staff provided

a written confirmation of the inspection

teams authorization.

III

By letters dated December 7 and 11,

2001, JLS&A again requested that

provisions of the July 3, 2001, Order be

relaxed based on a showing of good

cause. Specifically, JLS&A requested

interim relief to ship an irradiator to

Surry Nuclear Power Station and return

the replaced unit to JLS&A’s facility in

California. JLS&A’s proposed to use the

NTCAP specified in the September 19,

2001, Confirmatory Order to allow these

two shipments in the Department of

Transportation specification packaging

designated as 20WC. These shipments

are necessary for Surry Power Station to

continue to provide adequate quality

control on instrumentation used for all

required radiation surveys in support of

plant operations. Therefore, the two

shipments are in the best interest of

public health and safety.

With respect to the substantive

concerns identified by the staff in the

July 2001 Order, on December 7 and 11,

2001, JLS&A agreed to take the

following corrective actions listed

below, before it makes any of the

proposed shipments to or from Surry

Power Station in accordance with the

NTCAP:

1. a. JLS&A will use the implementing

procedures for the 1995 QA program

plan, as revised, and the NTCAP to

complete an inspection of the 20WC

packages involved in the Surry

shipment. The inspection will confirm

that the packages are in conformance

with 49 CFR 178.362, ‘‘Specification

20WC Wooden Protective Jacket.’’ Each

inspection will include, at a minimum,

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Notices 67557

1Reliant was formerly known as Houston

Lighting & Power Company (HL&P). HL&P changed

its name to Reliant Energy Incorporated in 1999.

actual physical measurements, and

visual inspections for damage,

corrosion, or other potentially

unacceptable conditions;

b. JLS&A will document the results of

each inspection in separate reports

approved by the QA Administrator and

prepared in accordance with the revised

QA Program Plan and implementing

procedures. The report will include the

list of attributes verified, the acceptance

criteria, and the results for each

attribute;

2. JLS&A will use only JLS&A’s staff,

contractors, and sub-contractors, trained

in the NTCAP, the revised QAPP and

implementing procedures for

conducting the inspections listed in the

above condition; and,

3. JLS&A will not make the initial

shipment without certification by the

independent auditor that the two

conditions listed above have been

completed. JLS&A will provide NRC

with this certification prior to any

shipment.

By its letter of December 11, 2001,

JLS&A consented to issuance of this

Confirmatory Order granting interim

relief from the July 2001 Order subject

to the commitments, (as described in

Section IV below), agreed that this

Confirmatory Order is to be effective

upon issuance, and agreed to waive its

right to a hearing on this action.

Implementation of these commitments

will provide assurance that sufficient

resources will be applied to the QA

program, and that the program will be

conducted safely and in accordance

with NRC requirements.

I find that JLS&A’s commitments as

set forth in Section IV are acceptable

and necessary and conclude that with

these commitments the public health

and safety are reasonably assured. In

view of the foregoing, I have determined

that the public health and safety require

that JLS&A’s commitments be confirmed

by this Confirmatory Order. Based on

the above and JLS&A’s consent, this

Confirmatory Order is effective

immediately upon issuance.

IV

Accordingly, pursuant to Sections 62,

81, 161b, 161i, 182 and 186 of the

Atomic Energy Act of 1954, as amended,

and the Commission’s regulations in 10

CFR Section 2.202 and 10 CFR Parts 71,

IT IS HEREBY ORDERED, EFFECTIVE

IMMEDIATELY, THAT THE JULY 3,

2001, ORDER IS RELAXED TO GRANT

INTERIM RELIEF TO ALLOW A

SHIPMENT TO, AND A SHIPMENT

FROM, SURRY POWER STATION IN 20

WC PACKAGES IN ACCORDANCE

WITH JLS&A’S NTCAP, AS

REQUESTED BY LETTERS DATED

DECEMBER 7 and 11, 2001, PROVIDED:

1. a. JLS&A will use the implementing

procedures for the 1995 QA program

plan, as revised, and the NTCAP to

complete an inspection of the 20WC

packages involved in the Surry

shipment. The inspection will confirm

that the packages are in conformance

with 49 CFR 178.362, ‘‘Specification

20WC Wooden Protective Jacket.’’ Each

inspection will include, at a minimum,

actual physical measurements, and

visual inspections for damage,

corrosion, or other potentially

unacceptable conditions;

b. JLS&A will document the results of

each inspection in separate reports

approved by the QA Administrator and

prepared in accordance with the revised

QAPP and implementing procedures.

The report will include the list of

attributes verified, the acceptance

criteria, and the results for each

attribute;

2. JLS&A will use only JLS&A’s staff,

contractors, and sub-contractors, trained

in the NTCAP, the revised QAPP and

implementing procedures for

conducting the inspections listed in the

above condition; and,

3. JLS&A will not make the initial

shipment without certification by the

independent auditor that the two

conditions listed above have been

completed. JLS&A will provide NRC

with this certification prior to any

shipment.

The Director, Office of Enforcement or

Office of Nuclear Material Safety and

Safeguards, may in writing, relax or

rescind this Confirmatory Order upon

demonstration of good cause by the

Approval Holder.

V

In accordance with 10 CFR section

2.202, any person, other than JLS&A,

adversely affected by this Confirmatory

Order may request a hearing within 20

days of its issuance. Where good cause

is shown, consideration will be given to

extending the time to request a hearing.

A request for extension of time must be

made in writing to the Director, Office

of Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and include a statement of good cause

for the extension. Any request for a

hearing shall be submitted to the

Secretary, U.S. Nuclear Regulatory

Commission, ATTN: Rulemakings and

Adjudications Staff, Washington, DC

20555. Copies of the hearing request

also should be sent to the Director,

Office of Enforcement, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555, to the Director, Office of

Nuclear Material Safety and Safeguards

at the same address, to the Assistant

General Counsel for Materials Litigation

and Enforcement at the same address, to

the Regional Administrator, NRC Region

IV, 611 Ryan Plaza Drive, Suite 400,

Arlington, TX 76011, and to the

Approval Holder. If such person

requests a hearing, that person shall set

forth with particularity the manner in

which his or her interest is adversely

affected by this Confirmatory Order and

shall address the criteria set forth in 10

CFR section 2.714(d).

If a hearing is requested by 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 Confirmatory Order should

be sustained.

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 IV above shall be final 20 days

from the date of this Confirmatory Order

without further Order or proceedings. If

an extension of time for requesting a

hearing has been approved, the

provisions specified in section IV shall

be final when the extension expires if a

hearing request has not been received. A

request for hearing shall not stay the

immediate effectiveness of this

confirmatory order.

Dated this 13th day of December, 2001.

For the Nuclear Regulatory Commission.

Frank J. Congel,

Director, Office of Enforcement.

[FR Doc. 01–32062 Filed 12–28–01; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–498 and 50–499; License

Nos. NPF–76 and NPF–80]

South Texas Project Nuclear Operating

Company et al., (South Texas Project

Electric Generating Station, Unit Nos. 1

and 2); Order Approving Transfer of

Licenses and Conforming

Amendments

I

Reliant Energy Incorporated

(Reliant),1 the City Public Service Board

of San Antonio (CPS), Central Power

and Light Company (CPL), and the City

of Austin, Texas (COA) are the licensed

owners, and South Texas Project

Nuclear Operating Company (STPNOC)