ML042400603
| ML042400603 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 08/18/2004 |
| From: | Federline M Office of Nuclear Material Safety and Safeguards |
| To: | Kackick R Yankee Atomic Electric Co |
| Barr C, NMSS/SFPO 415-4015 | |
| Shared Package | |
| ML042260513 | List: |
| References | |
| -RFPFR, EA-03-097 | |
| Download: ML042400603 (18) | |
Text
SAFEGUARDS INFORMATION August 18, 2004 EA-03-097 Richard Kackick Chief Nuclear Officer Yankee Atomic Electric Company Yankee Rowe Nuclear Power Station 19 Midstate Drive, Suite 200 Auburn, MA 01501
SUBJECT:
ISSUANCE OF ORDER FOR IMPLEMENTATION OF ADDITIONAL SECURITY MEASURES ASSOCIATED WITH ACCESS AUTHORIZATION FOR YANKEE ROWE NUCLEAR POWER STATION
Dear Mr. Kackick:
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued the enclosed Order that modifies the current license for your independent spent fuel storage installation (ISFSI) to require compliance with the specified additional security measures (ASMs). The Order applies to all Addressees listed in Attachment 2 to the enclosed Order. The ASMs are listed in Attachment 1 (contains Safeguards Information) to the enclosed Order. The Commission recognizes that you have voluntarily and responsibly implemented additional security measures following the events of September 11, 2001. However, in light of the current threat environment, the Commission concludes that these ASMs are necessary, consistent with the established regulatory framework. The Commission has determined that the current threat environment requires that the enclosed Order be effective immediately.
This Order does not eliminate the need for licensees to continue to meet the objectives of the current security protective measures as promulgated by updated security advisories. Licensees must also continue to maintain the effectiveness of existing security measures taken in response to the events of September 11, 2001, and any subsequent Orders issued. The requirements of this Order remain in effect until the Commission determines otherwise.
Warning: Violation of Section 147 of the Atomic Document transmitted herewith contains sensitive Energy Act, Safeguards Information is subject unclassified information. When separated from to Civil and Criminal Penalties. Attachment 1, this document is decontrolled.
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION R. Kackick The enclosed Order calls for responses and actions within specified time frames. Please contact your Project Manager or Brad Baxter (301-415-6742) to facilitate resolution of any issues related to compliance with the requirements in the enclosed Order, or if you have any other questions.
The enclosed Order has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Margaret V. Federline, Deputy Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Order w/Attachments Docket No(s). Included in Addressee List cc: Service List (w/o SGI)
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION R. Kackick The enclosed Order calls for responses and actions within specified time frames. Please contact your Project Manager or Brad Baxter (301-415-6742) to facilitate resolution of any issues related to compliance with the requirements in the enclosed Order, or if you have any other questions.
The enclosed Order has been forwarded to the Office of the Federal Register for publication.
Sincerely,
/RA/
Margaret V. Federline, Deputy Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Order w/Attachments Docket No(s). Included in Addressee List cc: Service List (w/o SGI)
DISTRIBUTION: W2004200124 Non-Public P. Norry CIO RIDS/NMSS/OD EDO R/F W. Dean OPA RIDS/RES/OD W. Kane C. Miller CFO RIDS/FSPB/OD C. PaperielloOGC RIDS/SFPO/OD FCongel A.Thadani
- See previous concurrence ADAMS NO. ML042260513 OFFICE LPSS LPSS/ASC DNS/DD DNS/D NAME BBaxter* GWest* JShea* GTracy*
DATE 07/27/04 08/06/04 08/09/04 08/13/04 OFFICE NMSS/SFPO NMSS/SFPO:D OE OGC NAME CBarr* WBrach* FCongel* DCummings*
DATE 08/10/04 08/10/04 08/13/04 08/13/04 OFFICE NSIR/D NMSS/D NAME RZimmerman* MFederline DATE 08/13/04 08/18/04 OFFICIAL RECORD COPY SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ALL INDEPENDENT SPENT FUEL STORAGE ) EA-03-097 INSTALLATION LICENSEES ) Docket Nos. (as shown in Attachment 2)
ORDER MODIFYING LICENSE (EFFECTIVE IMMEDIATELY)
I The licensees identified in Attachment 2 to this Order hold licenses issued by the U.S.
Nuclear Regulatory Commission (NRC or the Commission) authorizing the operation of Independent Spent Fuel Storage Installation (ISFSI) facilities in accordance with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations (10 CFR) Part 50 and/or 10 C.F.R. Part 72. Commission regulations at 10 C.F.R. 72.184 and 10 C.F.R. 72.212 require these licensee 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.
Warning: Violation of Section 147 of the Atomic Document transmitted herewith contains sensitive Energy Act, Safeguards Information is subject unclassified information. When separated from Attachment 1, this document is decontrolled.
to Civil and Criminal Penalties.
SAFEGUARDS INFORMATION
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 is being 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, N.Y., and Washington, D.C., 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 independent spent fuel storage installations 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 NRCs ongoing comprehensive review. The Commission has also communicated with other Federal, State, 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 2
imposing requirements, as set forth in Attachment 11 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 October 2002 Order, or on their own. It also recognizes that some measures may not be possible or necessary at some sites, may need to be tailored to accommodate the specific circumstances existing at the licensees 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 licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, licenses issued pursuant to 10 C.F.R. 72.40 and 10 C.F.R. 72.210 to the licensees identified in Attachment 2 to this Order shall be modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 C.F.R. 2.202, I find that in the circumstances described above, the public health, safety and interest require that this Order be immediately effective.
1 Attachment 1 contains SAFEGUARDS information and will not be released to the public.
3
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 Commissions regulations in 10 C.F.R. 2.202 and 10 C.F.R. Parts 50, 72 and 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSES IDENTIFIED IN ATTACHMENT 2 TO THIS ORDER IS MODIFIED AS FOLLOWS:
A. All licensees 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 licensees security plan. The licensees 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. The Licensee 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 the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide the licensees justification for seeking relief from or variation of any specific requirement.
- 2. Any licensee that considers that implementation of any of the requirements described in Attachment 1 to this Order would adversely impact the safe storage of spent fuel must notify the Commission, within twenty (20) days of this Order, of the 4
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, the licensee 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. All licensees 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. All licensees shall report to the Commission when they have achieved full compliance with the requirements described in Attachment 1.
D. Notwithstanding the provisions of 10 C.F.R. 72.186 and 10 C.F.R. 72.212(b)(5), all measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. Licensees response to Conditions B.1, B.2, C.1, and C.2, above shall be submitted in accordance with 10 C.F.R. 72.4. In addition, licensee submittals that contain Safeguards Information shall be properly marked and handled in accordance with 10 C.F.R. 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 the Licensee of good cause.
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IV In accordance with 10 C.F.R. 2.202, the licensee 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, 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 Assistant General Counsel for Materials Litigation and Enforcement at the same address, to the Regional Administrator for NRC Region I, II, III or IV as appropriate for the specific facility; 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 e-mail to OGCMailCenter@nrc.gov. If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this 6
Order and shall address the criteria set forth in 10 C.F.R. 2.714(d).
If a hearing is requested by the Licensee 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 C.F.R. 2.202(c)(2)(i), the Licensee 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.
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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/
Margaret V. Federline, Deputy Director Office of Nuclear Material Safety and Safeguards Dated this__18__ day of August 2004.
Attachments:
- 1) Additional Security Measures
- 2) List of Addressees 8
Independent Spent Fuel Storage Installation Addressee List James E. Ellis Manager, Morris Operation General Electric Company GE Morris Operation Plant Docket No. 72-1 7555 East Collins Road Morris, IL 60450-9740 David A. Christian Senior Vice President and Chief Nuclear Officer Virginia Electric and Power Company Surry Power Station, Units 1 and 2 Docket No. 72-2 Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 J. W. Moyer Senior Vice President and Chief Nuclear Officer Progress Energy H. B. Robinson Steam Electric Plant, Unit 2 Docket No. 72-3 3581 West Entrance Road Hartsville, NC 29550 Henry B. Barron Group Vice President Nuclear Generation and Chief Nuclear Officer Duke Power Company Oconee Nuclear Station, Units 1, 2 and 3 Docket No. 72-4 526 South Church Street, EC07H P.O Box 1006(28201-1006)
Charlotte, NC 28202 John Paul Cowan Executive Vice President and Chief Nuclear Officer Nuclear Management Company, LLC Point Beach Nuclear Plant, Units 1 and 2 Docket No. 72-5 700 First Street Hudson, WI 54016 Attachment 2
John Paul Cowan Executive Vice President and Chief Nuclear Officer Nuclear Management Company, LLC Palisades Nuclear Plant Docket No. 72-7 700 First Street Hudson, WI 54016 George Vanderheyden Vice President Calvert Cliffs Nuclear Power Plant, Inc.
Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Docket No. 72-8 1650 Calvert Cliffs Parkway Lusby, MD 20357-4702 Elizabeth D. Sellers Manager, INEEL c/o Deeann Long-Security US DOE, Idaho Operations Office, South Fort Saint Vrain Power Station Docket No. 72-9 785 DOE Place Mailstop 1170 Idaho Falls, ID 83401-1203 John Paul Cowan Executive Vice President and Chief Nuclear Officer Nuclear Management Company, LLC Prairie Island Nuclear Generating Plant Docket No. 72-10 700 First Street Hudson, WI 54016 Steve Redecker Plant Manager, Rancho Seco Nuclear Generating Station Sacramento Municipal Utility District Rancho Seco Nuclear Generating Station Docket No. 72-11 14440 Twin Cities Road Herald, CA 95638-9799 Michael Kansler President Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant Docket No. 72-12 440 Hamilton Avenue White Plains, NY 10601 2
Jeffrey S. Forbes Site Vice President Entergy Nuclear Operations, Inc.
Arkansas Nuclear One, Units 1 and 2 Docket No. 72-13 1448 S. R. 333 Russelville, AR 72802 Gary Leidich Vice President First Energy Davis-Besse Nuclear Power Station Docket No. 72-14 76 S. Main Street Akron, OH 44308 Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Oyster Creek Nuclear Generating Station Docket No. 72-15 4300 Winfield Road Warrenville, IL 60555 David A. Christian Senior Vice President and Chief Nuclear Officer Virginia Electric and Power Company North Anna Power Station Docket No. 72-16 Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Stephen M. Quennoz Vice President Power Supply Generation Portland General Electric Company Trojan Nuclear Power Plant Docket No. 72-17 121 South West Salmon Street Portland, OR 97204 3
Elizabeth D. Sellers Manager, INEEL c/o Deeann Long-Security US DOE, Idaho Operations Office, South Three Mile Island Power Station, Unit 2 Docket No. 72-20 785 DOE Place Mailstop 1170 Idaho Falls, ID 83401-1203 Bryce L. Shriver Senior Vice President and CNO Susquehanna Steam Electric Company Susquehanna Steam Electric Station, Units 1 and 2 Docket No. 72-28 2 North Ninth Street Allentown, PA 18101 Christopher M. Crane President and CNO Exelon Generation Company, LLC Peach Bottom Atomic Power Station, Units 2 and 3 Docket No. 72-29 4300 Winfield Road Warrenville, IL 60555 Michael Meisner Chief Nuclear Officer Maine Yankee Atomic Power Company Maine Yankee Atomic Power Station Docket No. 72-30 321 Old Ferry Road Wiscasset, ME 04578-4922 Richard Kackick Chief Nuclear Officer Yankee Atomic Electric Company Yankee Rowe Nuclear Power Station Docket No. 72-31 19 Midstate Drive, Suite 200 Auburn, MA 01501 John Paul Cowan Executive Vice President and Chief Nuclear Officer Nuclear Management Company, LLC Duane Arnold Energy Center Docket No. 72-32 700 First Street Hudson, WI 54016 4
Karl Singer Chief Nuclear Officer Tennessee Valley Authority Sequoyah Nuclear Plant, Units 1 and 2 Docket No. 72-34 1101 Market Street 6A Lookout Place Chattanooga, TN 37402-2801 J. V. Parrish Chief Nuclear Officer Energy Northwest MD 1023 Columbia Generating Station Docket No. 72-35 Snake River Warehouse North Power Loop Richland, WA 99352 Louis Sumner Site Vice President Southern Nuclear Operating Company Edwin I. Hatch Nuclear Plant, Units 1 and 2 Docket No. 72-36 40 Inverness Center Parkway Birmingham, AL 35242 Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Dresden Nuclear Power Station, Units 2 and 3 Docket No. 72-37 4300 Winfield Road Warrenville, IL 60555 Henry B. Barron Group Vice President Nuclear Generation and Chief Nuclear Officer Duke Power Company William B. McGuire Nuclear Station, Units 1 and 2 Docket No. 72-38 526 South Church Street, EC07H P.O Box 1006(28201-1006)
Charlotte, NC 28202 Wayne A. Norton President Connecticut Yankee Atomic Power Company Haddam Neck Nuclear Plant Docket No. 72-39 362 Injun Hollow Road East Hampton, CT 06424-3099 5
Henry B. Barron Group Vice President Nuclear Generation and Chief Nuclear Officer Duke Power Company Oconee Nuclear Station Docket No. 72-40 526 South Church Street, EC07H P.O Box 1006(28201-1006)
Charlotte, NC 28202 Harold B. Ray Executive Vice President Southern California Edison San Onofre Nuclear Station, Units 2 and 3 Docket No. 72-41 8631 Rush Street Rosemead, CA 91770 Mike Stinson Site Vice President Southern Nuclear Operating Company Joseph M. Farley Nuclear Plant, Units 1 and 2 Docket No. 72-42 40 Inverness Center Parkway Birmingham, AL 35242 Robert A. Fenech Senior Vice President, Nuclear, Fossil, and Hydro Operations Consumer Energy Company Big Rock Point Restoration Site Docket No. 72-43 1945 W. Parnell Road Jackson, MI 49201 Gregg R. Overbeck Senior Vice President Arizona Public Service Company Palo Verde Nuclear Generating Station Units 1, 2 and 3 Docket No. 72-44 5801 South Wintersburg Road Mail Station 7602 Tonopah, AZ 85354-7529 6
David A. Christian Senior Vice President, Chief Nuclear Officer Virginia Electric and Power Company Millstone Power Station, Units 2 and 3 Docket No. 72-47 Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Paul Hinnenkamp Vice President Operations Entergy Operations, Inc.
River Bend Station, Unit 1 Docket No. 72-49 5485 U.S. Highway 61 St. Francisville, LA 70775 Michael Kansler President Entergy Nuclear Operations Indian Point Nuclear Generating Station, Units 2 and 3 Docket No. 72-51 440 Hamilton Avenue White Plains, NY 10601 Karl Singer Chief Nuclear Officer Tennessee Valley Authority Browns Ferry Nuclear Plant, Units 1, 2 and 3 Docket No. 72-52 1101 Market Street 6A Lookout Place Chattanooga, TN 37402-2801 7