ML15029A173

ISFSI - Issuance of Amendment Nos. 222, 224, and 4, Authorize Use of Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended (CAC MF2809, MF2810, and L24991)

ML15029A173
Person / Time
Site:	Diablo Canyon
Issue date:	01/05/2016
From:	Bill Dean, Scott Moore Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
To:	Halpin E Pacific Gas & Electric Co
Lingam S
References
CAC L24991, CAC MF2809, CAC MF2810, EA-14-134
Download: ML15029A173 (35)

Text

Mr. Edward D. Halpin UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 5, 2016 Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424 EA-14-134

SUBJECT:

DIABLO CANYON POWER PLANT, UNITS 1 AND 2 AND DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION - ISSUANCE OF CONFORMING AMENDMENTS AND CONFIRMATORY ORDER MODIFYING LICENSES FOR STANDALONE WEAPONS PREEMPTION AUTHORITY (CAC NOS. MF2809, MF2810, AND L24991)

Dear Mr. Halpin:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 222 to Facility Operating License No. DPR-80 and Amendment No. 224 to Facility Operating License No. DPR-82 for the Diablo Canyon Power Plant (DCPP),

Units 1 and 2, respectively, and Amendment No. 4 to Special Nuclear Materials License No. SNM-2511 for the DCPP independent spent fuel storage installation (ISFSI) (Enclosures 1 through 3). The enclosed confirmatory order and conforming amendments are in response to a letter from Pacific Gas and Electric Company (PG&E) dated September 24, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13268A425), as supplemented by letters dated December 18, 2013 (security-related), and May 15, 2014 (ADAMS Accession No. ML14135A379). The enclosed confirmatory order and conforming amendments permit security personnel at DCPP, Units 1 and 2, and the associated ISFSI to transfer, receive, possess, transport, import, and use certain firearms and large-capacity ammunition feeding devices not previously permitted to be owned or possessed under Commission authority, notwithstanding certain local, State, or Federal firearms laws, including regulations that prohibit such actions.

A copy of the related safety evaluation is provided in Enclosure 4. The notice of issuance will be included in the Commission's next regular biweekly Federal Register notice.

The confirmatory order, provided in Enclosure 5, has been forwarded to the Office of the Federal Register for publication.

William M. Dean, Director Office of Nuclear Reactor Regulation Scott W. Moore, Acting Director Office of Nuclear Material Safety and Safeguards Docket Nos. 50-275, 50-323, and 72-26

Enclosures:

1. Amendment No. 222 to DPR-80

2. Amendment No. 224 to DPR-82

3. Amendment No. 4 to SNM-2511

4. Safety Evaluation

5. Confirmatory Order cc: Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-275 DIABLO CANYON NUCLEAR POWER PLANT, UNIT 1 AMENDMENT TO FACILITY OPERA TING LICENSE Amendment No. 222 License No. DPR-80

1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment by Pacific Gas and Electric Company (the licensee), dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I;

8.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, by Amendment No. 222, Facility Operating License No. NPF-80 is hereby amended to authorize revision to the "Diablo Canyon Power Plant Physical Security Plan" and as set forth in Pacific Gas and Electric Company application dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, and evaluated in the NRC staff's safety evaluation issued with this amendment.

3.

Accordingly, paragraph 2.E of the Operating License is amended as indicated in the attachment to this license amendment and subject to the following License Condition:

Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment 222 that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

4.

The license amendment is effective as of the date of its issuance and shall be implemented within 20 days.

Attachment:

Changes to the Facility Operating License No. DPR-80 Date of Issuance: January 5, 201 6 FOR THE NUCLEAR REGULATORY COMMISSION Robert J. Pascarelli, Chief Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-323 DIABLO CANYON NUCLEAR POWER PLANT. UNIT 2 AMENDMENT TO FACILITY OPERA TING LICENSE Amendment No. 224 License No. DPR-82

1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment by Pacific Gas and Electric Company (the licensee), dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 1 O CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, by Amendment No. 224, Facility Operating License No. NPF-82 is hereby amended to authorize revision to the "Diablo Canyon Power Plant Physical Security Plan" as set forth in Pacific Gas and Electric Company application dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, and evaluated in the NRC staff's safety evaluation issued with this amendment.

3.

Accordingly, paragraph 2.E of the Operating License is amended as indicated in the attachment to this license amendment and subject to the following License Condition:

Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment 224 that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

4.

The license amendment is effective as of the date of its issuance and shall be implemented within 20 days.

Attachment:

Changes to the Facility Operating License No. DPR-82 Date of Issuance: January 5, 2016 FOR THE NUCLEAR REGULATORY COMMISSION Robert J. Pascarelli, Chief Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 72-26 DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION AMENDMENT TO SPECIAL NUCLEAR MATERIALS LICENSE NO. SNM-2511 Amendment No. 4 License No. SNM-2511

1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment by Pacific Gas and Electric Company (the licensee), dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I; B.

The Diablo Canyon independent spent fuel storage installation (ISFSI) will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, by Amendment No. 4, Diablo Canyon ISFSI Special Material License No.

SNM-2511 is hereby amended to authorize revision to the "Diablo Canyon Power Plant Physical Security Plan" as set forth in Pacific Gas and Electric Company application dated September 24, 2013, as supplemented by letters dated December 18, 2013, and May 15, 2014, and evaluated in the NRC staff's safety evaluation issued with this amendment.

3.

Accordingly, paragraph 12 of the Material License is amended as indicated in the attachment to this license amendment and subject to the following License Condition:

Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment [Amendment 4] that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

4.

The license amendment is effective as of the date of its issuance and shall be implemented within 20 days.

Attachment:

Changes to the Diablo Canyon FOR THE NUCLEAR REGULATORY COMMISSION kM~

Steve Ruffin, Acting Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Special Material License No. SNM-2511 Date of Issuance: January 5, 2016

ATTACHMENT TO LICENSE AMENDMENT NO. 222 TO FACILITY OPERATING LICENSE NO. DPR-80, AMENDMENT NO. 224 TO FACILITY OPERATING LICENSE NO. DPR-82, AND AMENDMENT NO. 4 TO SPECIAL NUCLEAR MATERIALS LICENSE NO. SNM-2511 DOCKET NOS. 50-275, 50-323, AND 72-26 Replace the following pages of the Facility Operating License Nos. DPR-80 and DPR-82, and Special Nuclear Materials License No. SNM-2511 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Facility Operating License No. DPR-80 REMOVE INSERT Facility Operating License No. DPR-82 REMOVE INSERT Special Nuclear Materials License No. SNM-2511 REMOVE INSERT

-1, 2-

-1, 2-E.

Physical Protection The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 1 O CFR 50.54 (p). The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Diablo Canyon Power Plant, Units 1 and 2 Physical Security Plan, by Training and Qualification Plan, and Safeguards Contingency Plan," submitted by letter dated May 16, 2006.

PG&E shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The PG&E CSP was approved by License Amendment No. 210, as supplemented by a change approved by License Amendment No. 220.

Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment 222 that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

F.

Deleted.

G.

Deleted.

H.

Financial Protection PG&E shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I.

Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a)

Fire fighting response strategy with the following elements:

1.

Pre-defined coordinated fire response strategy and guidance

2.

Assessment of mutual aid fire fighting assets

3.

Designated staging areas for equipment and materials

4.

Command and control

5.

Training of response personnel (b)

Operations to mitigate fuel damage considering the following:

1.

Protection and use of personnel assets

2.

Communications

3.

Minimizing fire spread

4.

Procedures for implementing integrated fire response strategy

5.

Identification of readily-available pre-staged equipment

6.

Training on integrated fire response strategy

7.

Spent fuel pool mitigation measures (c)

Actions to minimize release to include consideration of:

1.

Water spray scrubbing

2.

Dose to onsite responders Amendment No. 222 Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment 224 that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

F.

Deleted.

G.

Deleted.

H.

Financial Protection PG&E shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I.

Mitigation Strategy Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a)

Fire fighting response strategy with the following elements:

1.

Pre-defined coordinated fire response strategy and guidance

2.

Assessment of mutual aid fire fighting assets

3.

Designated staging areas for equipment and materials

4.

Command and control

5.

Training of response personnel (b)

Operations to mitigate fuel damage considering the following:

1.

Protection and use of personnel assets

2.

Communications

3.

Minimizing fire spread

4.

Procedures for implementing integrated fire response strategy

5.

Identification of readily-available pre-staged equipment

6.

Training on integrated fire response strategy

7.

Spent fuel pool mitigation measures (c)

Actions to minimize release to include consideration of:

1.

Water spray scrubbing

2.

Dose to onsite responders Amendment No. 224

NRC FORM 588 U.S. NUCLEAR REGULATORY COMMISSION (10-2000) 10 CFR 72 PAGE 1

OF 2

PAGES LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title 10, Code of Federal Regulations, Chapter 1, Part 72, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, and possess the power reactor spent fuel and other radioactive materials associated with spent fuel storage designated below; to use such material for the purpose(s) and at the place(s) designated below; and to deliver or transfer such material to persons authorized to receive it in accordance with the regulations of the applicable Part(s). This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified herein.

Licensee

1.

Pacific Gas and Electric Company

3.

License No.

SNM-2511 Amendment No.

4

2.

Diablo Canyon Power Plant P.O. Box 56

4.

Expiration Date March 22, 2024 Avila Beach, CA 93424

5.

Docket or 72-26 Reference No.

6.

Byproduct, Source, and/or Special Nuclear Material

7.

Ghemical or Physical Form

8.

Maximum Amount That Licensee May Possess at Any One Time Under This License A

Spent nuclear fuel from the Diablo Canyon Power Plant, Units 1 & 2, and associated radioactive materials related to receipt, transfer and storage of the fuel assemblies.

A Spent fuel assemblies as U02, A clad with zirconium alloy.

Damaged fuel assemblies or fuel debris as U02, contained in Damaged Fuel Containers.

2100 MTU of intact spent fuel assemblies, damaged fuel assemblies and fuel debris.

9.

Authorized Use: The material identified in 6.A. and 7.A. above is authorized for receipt, possession, storage and transfer using the HI-STORM 100 dry cask storage system design as described in the Diablo Canyon ISFSI safety analysis report dated December 21, 2001, as revised or supplemented on October 15, 2002, October 3, 2003, March 22, 2006, June 26, 2008, March 18, 2010, March 16, 2012, and March 13, 2014, as further supplemented and amended in accordance with 10 CFR 72.70 and 10 CFR 72.48.

1 O.

Authorized Place of Use: The licensed material is to be received, possessed, transferred and stored at the Diablo Canyon ISFSI located on the Diablo Canyon Power Plant site in San Luis Obispo County, California, near Avila Beach, California.

11.

The Technical Specifications contained in the Appendix attached hereto are incorporated into the license. The licensee shall operate the installation in accordance with the Technical Specifications in the Appendix. The Appendix contains Technical Specifications related to environmental protection to satisfy the requirements of 1 O CFR 72.44(d)(2).

12.

The licensee shall follow the physical protection plan entitled, "Diablo Canyon Power Plant Physical Security Plan", dated April 18, 2002, as revised January 31, 2003, and the Safeguards Contingency Plan and the Guard Training and Qualification Plan incorporated therein, and as they may be further amended under the provisions of 10 CFR 72.44(e) and 10 CFR 72.180.

NRC FORM 588A U.S. NUCLEAR REGULATORY COMMISSION PAGE 2

OF 2

(10-2000)

License No.

I Amendment No~

10 CFR 72 LICENSE FOR INDEPENDENT STORAGE OF SPENT NUCLEAR SNM-2511 FUEL AND HIGH-LEVEL RADIOACTIVE WASTE Docket or Reference No.

SUPPLEMENTARY SHEET 72-26 Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewed and approved the license amendment [Amendment 4] that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

13.

Fuel and cask movement and handling activities that are to be performed in the Diablo Canyon Power Plant Fuel Handling Building/Auxiliary Building will be governed by the requirements of the Diablo Canyon Power Plant, Units 1 & 2 Operating Licenses (DPR-80 and DPR-82) and associated Technical Specifications.

PAGES

14.

The Commission's finding that the Quality Assurance Program complies with the requirements of 10 CFR Part 72, Subpart G is based on the existence of a Quality Assurance Program accepted by the Commission as satisfying the requirements of 10 CFR Part 50, Appendix B. Prior to the termination of the Part 50 licenses for the Diablo Canyon Power Plant Units 1 & 2, the licensee must submit, for Commission approval, a Quality Assurance program for the ISFSI that satisfies each of the elements of Subpart G.

15.

The Commission's finding that the Emergency Plan complies with the requirements of 10 CFR 72.32 is based on the existence of an Emergency Plan accepted by the Commission as satisfying the requirements of 10 CFR 50.47 and 10 CFR 50, Appendix E. Prior to the termination of the Part 50 licenses for the Diablo Canyon Power Plant Units 1 & 2, the licensee must submit, for Commission approval, an Emergency Plan for the ISFSI that satisfies each of the elements of 1 O CFR 72.32.

16.

Pursuant to 10 CFR 72.7 the licensee is hereby exempted from the provisions of 10 CFR 72.72(d), with respect to maintaining a duplicate set of spent fuel storage records. The licensee may maintain records of spent fuel and high level radioactive waste in storage either in duplicate, as required by 10 CFR 72.72(d), or, alternatively, a single set of records may be maintained at a records storage facility that satisfies the standards of ANSI N45.2.9-1974. All other requirements of 10 CFR 72.72(d) must be met.

17.

This amendment is effective as of the date of issuance shown below and shall be implemented within 20 days.

Date of Issuance: January 5, 2016 FOR THE U.S. NUCLEAR REGULATORY COMMISSION

~~

Steve Ruffin, Acting Chief Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Washington, DC 20555

Attachment:

Appendix - Technical Specifications

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 222 TO FACILITY OPERATING LICENSE NO. DPR-80 AMENDMENT NO. 224 TO FACILITY OPERATING LICENSE NO. DPR-82 AMENDMENT NO. 4 TO SPECIAL NUCLEAR MATERIALS LICENSE NO. SNM-2511 PACIFIC GAS AND ELECTRIC COMPANY DIABLO CANYON POWER PLANT, UNITS 1 AND 2 DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NOS. 50-275, 50-323, AND 72-26

1.0 INTRODUCTION

By submittal dated September 24, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13268A398), as supplemented by letters dated December 18, 2013 (security-related), and May 15, 2014 (ADAMS Accession No. ML14135A379), Pacific Gas and Electric Company (PG&E or licensee) submitted a request to the U.S. Nuclear Regulatory Commission (NRC) for Commission authorization to use the authority granted to the Commission under Section 161A of the Atomic Energy Act of 1954, as amended (42 United States Code (U.S.C.) 2201a), on behalf of Diablo Canyon Power Plant, Units 1 and 2 (DCPP), and the Diablo Canyon Power Plant specific-license independent Spent Fuel Storage Installation (DCPP-ISFSI) (hereafter referred to jointly as DCPP or facility). Use of Section 161A authority would permit security personnel at DCPP to transfer, receive, possess, transport, import, and use certain weapons, ammunition and other devices not previously permitted to be owned or possessed under Commission authority, notwithstanding local, State, or certain Federal firearms laws, including regulations that prohibit such actions.

In the September 24, 2013, submittal, the licensee indicated that this request is for preemption authority only and is applicable to the firearms and devices presently in use at DCPP in accordance with the NRG-approved DCPP security plan, namely handguns, semiautomatic assault rifles, and large-capacity magazines. The licensee also indicated that the firearms and devices identified in the submittal do not include enhanced weapons. The licensee stated that the types of firearms, ammunition, and other devices identified in the submittal are necessary in the discharge of official duties by security personnel to implement the NRG-approved DCPP security plan.

Portions of the letter dated September 24, 2013, and the December 18, 2013, letter in its entirety, contain security-related information and have been withheld from public disclosure.

2.0 REGULATORY EVALUATION

Section 653 of the Energy Policy Act of 2005, Public Law 109-58 (119 Stat. 811 ), added Section 161A (42 U.S.C. § 2201a) to the Atomic Energy Act of 1954, as amended.

Section 161A confers upon the Commission the authority to permit the security personnel of designated NRG-licensed facilities or certificate holders to transfer, receive, possess, transport, import, and use certain firearms and devices that were not previously permitted to be owned or possessed under Commission authority, notwithstanding local, State, or certain Federal firearms laws, including regulations, that prohibit such actions. The categories and types of firearms, ammunition, and devices that are subject to Section 161A are identified in Section 161A.b, which states that:

Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of Title 18, section 925(d)(3) of Title 18, section 5844 of Title 26, and any law (including regulations) of a State or a political subdivision of a State that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission, the Commission may authorize the security personnel of any licensee or certificate holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices...

Section 161A became effective on September 11, 2009, when the Commission, with the approval of the Attorney General, published the "Guidelines on the Use of Firearms by Security Personnel in Protecting U.S. NRG-Regulated Facilities, Radioactive Material, and Other Property" in the Federal Register (7 4 FR 46800), hereafter referred to as the "firearms guidelines." These firearms guidelines were subsequently revised on June 25, 2014 (79 FR 36100).

On June 5, 2013, the NRC issued Enforcement Action (EA)13-092 "Order Designating an Interim Class of NRG-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161 A of the Atomic Energy Act of 1954, as Amended" (ADAMS Accession No. ML13121A459), hereafter referred to as "the designation order." The designation order accomplishes the following: (1) designates an interim class of NRG-licensed facilities as eligible to apply for Section 161A preemption authority; (2) provides a process through which the licensee of each designated facility may apply for Section 161A preemption authority; (3) outlines the type of information that must be addressed in an application for Section 161A preemption authority; and (4) requires the licensee of each designated facility to subject all personnel who have, or will have, access to covered firearms and devices in the performance of official duties, to a firearms background check as specified in Section 161A.c.

The designation order requires, in part, that submittals must be submitted to the NRC for review and approval under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 50.90, "Application for Amendment of License, Construction Permit, or Early Site Permit" and that the licensee of each designated facility must notify the NRC in writing when a sufficient number of firearms background checks have been completed to staff the facility security organization.

3.0 TECHNICAL EVALUATION

In the submittal, the licensee stated that the request is for preemption authority at DCPP. The NRC staff reviewed Attachment 1 to the designation order and confirmed that DCPP and DCPP-ISFSI are two facilities that are within the limited class of facilities designated by the Commission as eligible to apply for Section 161A preemption authority.

In the submittal, the licensee stated that certain California State-mandated training and qualification requirements would be applicable to DCPP in addition to the more stringent Commission mandated requirements contained in 10 CFR Part 73, Appendix B, and that existing California state law would require armed personnel at DCPP to obtain and maintain guard registration cards and firearms permits. The licensee further stated that the registration and permit process could potentially result in an inability to staff the security organization should the State of California fail to process renewals in a timely manner.

3. 1 Staffing The designation order requires that all licensees within the designated class of facilities eligible to apply for Section 161A preemption authority shall subject all members of the security organization whose official duties require or will require access to any firearm to a firearms background check. In a letter dated December 18, 2013, the licensee stated that a sufficient number of personnel have completed the required firearms background checks to meet the minimum required staffing level for the DCPP security organization as stated in the NRG-approved DCPP security plan, including the minimum number of armed responder and armed security officer positions required to effectively implement the licensee's protective strategy and to meet applicable fatigue requirements of 10 CFR Part 26. The NRC staff reviewed the NRC approved DCPP security plan and determined that the licensee has identified the minimum number of armed responder and armed security officer positions that must be staffed at all times at DCPP and for which the assigned personnel must successfully complete a firearms background check. The NRC staff further finds that the number of firearms background checks completed by the licensee is consistent with the minimum number of armed responder and armed security officer positions required to implement the DCPP NRG-approved security plan and to meet applicable fatigue requirements.

3.2 Training and Qualifications The designation order requires the licensee of each designated facility to revise their training and qualification program, as needed, to ensure that affected personnel receive instruction regarding the firearms background check's disqualifying events. Additionally, the designation order requires that licensees must provide training on the continuing responsibility of each individual to promptly notify the licensee of the occurrence of any such event or status. By letter dated May 15, 2014, the licensee responded to an NRC request for additional information and confirmed that site procedures had been revised to address the activities required to instruct all affected personnel on disqualifying events and their continuing responsibility to notify the licensee of a change in their status.

Based on the licensee's May 15, 2014, letter and descriptions contained in the NRG-approved DCPP security plan, the staff finds that the DCPP training and qualification program includes the development and implementation of supporting site procedures needed to ensure that affected personnel receive instruction regarding the types of events that would disqualify the individual from continued access to firearms and the reporting of such events to the licensee.

3.3 Firearms and Devices Consistent with the firearms guidelines, before authorizing a licensee to use the authority granted by Section 161A, the Commission must determine that the weapons used by licensee security personnel are necessary in the discharge of their official duties. In its submittal, the licensee provided a description of the types of firearms and devices that are currently in use at DCPP and confirmed that these firearms and devices are used to implement its protective strategy at the facility. The staff reviewed the NRG-approved DCPP security plan to determine whether the use of the firearms and devices identified by the licensee in their submittal is adequately described as being necessary to the performance of official duties by personnel assigned to the armed responder and armed security officer positions at DCPP.

The Commission's regulations require that NRG-licensed facilities develop, implement, and maintain a physical protection system that will protect the special nuclear material that each licensee is authorized by license to possess and use. The physical protection system for an NRG-licensed power reactor will have as its objective to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety. In establishing the specific level of physical protection that must be provided by each licensee at a power reactor facility, the Commission has defined a Design Basis Threat (DBT) of radiological sabotage in 10 CFR 73.1. Consequently, the Commission has assigned specific attributes and capabilities to the DBT of radiological sabotage to include the types of firearms, ammunition, and other devices and equipment that an adversary could use for the purpose of causing radiological sabotage. Conversely, the Commission has determined that it is also appropriate and necessary to ensure that those personnel who are assigned official duties required for the prevention of radiological sabotage at an NRG-licensed power reactor facility, are also provided with the types of firearms, ammunition, and other devices that.will provide and ensure the ability of assigned personnel to counter the capabilities that the Commission has assigned to the DBT of radiological sabotage.

The licensee's description of the weapons and their use in the approved security plan identified the types of firearms and devices that are currently in use (specifically, handguns, semiautomatic assault weapons, and large-capacity ammunition feeding devices) and stated that these firearms and devices are necessary to satisfy Commission requirements for the physical protection of the DCPP facility. The staff determined that the description contained in the DCPP security plan is consistent with Commission regulations and the licensee's protective strategy for the DCPP facility, including the types of firearms and devices needed to provide armed responders and armed security officers with the ability to counter the attributes of the DBT of radiological sabotage.

Based on its review, the NRC staff finds that the licensee has demonstrated that the firearms and other devices currently possessed at the DCPP facility are necessary in the performance of official duties required for the physical protection of a facility, radioactive material or other property it owns and operates. The staff also finds that the firearms and devices identified in the submittal are within the types of firearms and devices described in Section 161A.b and the firearms guidelines.

3.4 Firearms Background Check Processes Firearms background checks are submitted through the NRC to the Federal Bureau of Investigation (FBl's) Criminal Justice Information Services Division and include a check against the FBI Criminal History database and the FBI National Instant Criminal Background Check System, which was established by Section 103(b) of the Brady Handgun Violence Prevention Act, Public Law 103-159, 107 Stat. 1536. All members of a licensee's security organization whose official duties require access to firearms and where the licensee has applied for use of preemption authority under Section 161A.b shall be subject to a firearms background check to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law.

The designation order requires the licensee of each designated facility to establish a program that addresses: (1) the removal of security personnel from duties requiring access to firearms on the receipt of an adverse firearms background check or other disqualifying information; (2) instruction for resolving a delayed response and/or appealing a denied response resulting from a firearms background check; (3) provisions for a firearms background check reinvestigation not to exceed five years; (4) the conduct of a firearms background check reinvestigation for individuals who have had a break in employment from the licensee or applicable security contractor of greater than one week; and (5) self-disclosure requirements and reporting requirements concerning a disqualifying event. Attachment 3 to the designation order contains provisions for establishing processes to ensure that security personnel maintain appropriate qualification and training as well as a process to establish periodic firearms background check re-investigations.

By letter dated May 15, 2014, the licensee confirmed that appropriate processes and procedures have been established to maintain the requirements for the conduct of firearms background checks to include, periodic reinvestigations, instruction for appealing adverse results, notification/reporting requirements for disqualifying events, and the removal of individuals from armed duties when disqualifying information becomes known, as required in to the designation order.

Based on its review of the NRG-approved DCPP security plan and the licensee's letter dated May 15, 2014, the NRC staff finds that DCPP has established background check processes and procedures that are consistent with the designation order requirements. In addition, the staff finds that DCPP has established, through these processes and procedures, a method to assure that affected security personnel are not barred under Federal or State law from receiving, possessing, transporting, or using any of the subject firearms or devices used at the facility.

3.5 State Law Section 161A of the Atomic Energy Act of 1954, as amended, confers on the Commission the authority to permit the security personnel of designated NRG-licensed facilities or certificate holders to transfer, receive, possess, transport, import, and use certain firearms and devices that were not previously permitted to be owned or possessed under Commission authority, notwithstanding local, State, or certain Federal firearms laws, including regulations, that prohibit such actions. The categories and types of firearms, ammunition, and devices that are subject to Section 161A are identified in Section 161A.b.

In its submittal, the licensee states that certain California State laws makes it illegal to possess the types of firearms and devices currently in use at DCPP unless specific exemptions are approved by the State of California. California Penal Code Section 27535 prohibits the purchase of more than one handgun within a 30-day period. While Section 27535(b) provides for exemptions from this prohibition, DCPP does not qualify for any of these exemptions.

Similarly, California Penal Code Sections 30500 through 31335, Sections 32310 through 32390, and Sections 32650 through 32670 set forth the restrictions on the possession and use of semi-automatic assault weapons and high capacity magazines. It is illegal for any person to possess assault weapons unless they fall within one of the enumerated exceptions in Sections 30600 and 30605. DCPP does not fall into any of these exceptions.

The security personnel at DCPP were previously able to possess hand guns and semi-automatic assault weapons because of an exemption granted by the California Attorney General. In a letter dated October 22, 2002, from the then Deputy Attorney General, Firearms Division, for the state of California (Attachment 6 to the submittal (ADAMS Accession No. ML13268A398)), a determination was made that DCPP and the DCPP-ISFSI are exempt from the restrictions imposed by California. In this letter, the Deputy Attorney General for the state of California states that: "any use of weapons and ammunition authorized by Congress and approved for use by the director or head of the particular federal agency involved is authorized by the State of California." In this letter, the Deputy Attorney General for the State of California further states that:

It is my understanding that you have the requisite authority from Congress to defend nuclear power plants pursuant to the Atomic Energy Act and the Nuclear Regulatory Commission has approved the use of assault weapons and tracer ammunition in the vital defense of Diablo Canyon Nuclear Power Plant from terrorism. Consequently, the Attorney General of California has no problem with your security force using assault weapons and tracer ammunition.

In its submittal, the licensee stated that since the issuance of the 2002 letter, a new administration has taken office in California. Based on communications between the licensee and the California Department of Justice, the current California Attorney General does not plan to issue a new letter to DCPP stating that the determination made in the 2002 letter remains valid. As a result, the licensee has been informed by its firearms suppliers that the exemption in the 2002 letter will no longer be honored.

The status of the 2002 exemption letter remains unclear since it has not been formally rescinded by the current California Attorney General. However, the lack of a written exemption from the current California Attorney General prevents the licensee's security personnel from having access to firearms and devices needed to implement the licensee's protective strategy at DCPP, since firearms dealers are not willing to honor the 2002 exemption letter. Consequently, DCPP is not able to purchase handguns at a sufficient rate to meet Commission requirements in 10 CFR 73.55(k)(2), to maintain security equipment in a manner that ensures security equipment is in sufficient supply, is maintained in operable condition, and is readily available to perform its required function when needed. Similarly, DCPP is presently unable to purchase new semi-automatic assault rifles to replace or maintain the current number of weapons or to increase the number of semi-automatic assault rifles needed to accommodate changes in the DCPP defensive strategy.

In the submittal, the licensee discussed certain State-mandated training and qualification requirements that would require the armed personnel at DCPP to obtain and maintain guard registration cards and firearms permits. The licensee speculated that these requirements could prevent adequate staffing at DCPP. However, the licensee did not provide evidence that the registration and permitting processes prohibits access to weapons used by the licensee's security force at this time.

Based on the staff's review of the licensee's submittal, the NRG staff finds that: the firearms and devices identified by the licensee in the submittal are currently in use at DCPP in accordance with the licensee's NRG-approved security plans; the licensee uses the identified firearms and devices in the performance of official duties required for the protection of an NRG-designated facility and associated special nuclear materials as described in the DCPP protective strategy; and the firearms and devices identified in the submittal are subject to current State law that would restrict the possession and use of such firearms, weapons, and devices at DCPP. Given this lack of regulatory certainty, and the licensee's inability to acquire the weapons at a rate needed to implement its protective strategy, the staff has determined that the licensee has demonstrated a need for preemption authority.

3.6 License Condition On page 4 of Attachment 2 to the submittal, PG&E proposed the following language be added to the physical protection licenses:

Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRG reviewed and approved the license amendment [Amendment number] that permitted the security personnel of the licensee to possess and use certain specific firearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

As the proposed language reflects the NRC's approval, the NRG staff finds the proposed language acceptable.

3.7 Technical Conclusion Based on its review of the licensee's submittal, the NRG staff has determined that the firearms, ammunition, and devices utilized by the licensee are consistent with the types of firearms and devices described in Section 161A.b and that the request was submitted in accordance with the requirements of the designation order, Section 161A, and applicable Commission regulations.

Accordingly, the staff finds that DCPP meets the applicable requirements to use preemption authority under Section 161a.

4.0 STATE CONSULTATION

In accordance with the Commission's regulations, the California State official was notified of the proposed issuance of the amendment. The State official had no comment.

5.0 ENVIRONMENTAL CONSIDERATION

Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact was published in the Federal Register on December 15, 2015 (80 FR 77672).

Accordingly, based upon the environmental assessment, the Commission has determined that issuance of this amendment will not have a significant effect on the quality of the human environment.

6.0 CONCLUSION

The NRC staff reviewed the information provided by the licensee and concludes that (1) the requirements of Commission Order EA-13-092 have been satisfied; (2) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner; (3) there is reasonable assurance that such activities will be conducted in compliance with the Commission's regulations; and (4) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

7.0 REFERENCES

1.

Allen, Barry S., Pacific Gas and Electric Company, letter to U.S. Nuclear Regulatory Commission, "License Amendment Request 13 Application for U.S. Nuclear Regulatory Commission Authorization to Use Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended," dated September 24, 2013 (ADAMS Accession No. ML13268A425).

2.

Allen, Barry S., Pacific Gas and Electric Company, letter to U.S. Nuclear Regulatory Commission, "Notification Regarding Completion of Two Commitments for License Amendment Request 13-04," dated December 18, 2013.

3.

Allen, Barry S., Pacific Gas and Electric Company, letter to U.S. Nuclear Regulatory Commission, "Response to NRC Request for Additional Information Regarding Request for Preemption Authority," dated May 15, 2014 (ADAMS Accession No. ML14135A379).

4.

Halpin, Edward C., Pacific Gas and Electric Company, letter to U.S. Nuclear Regulatory Commission, "Consent to Confirmatory Order EA-14-134 and Hearing Waiver Form,"

dated March 26, 2015 (ADAMS Accession No. ML15085A572).

5.

U.S. Nuclear Regulatory Commission, "Order Designating an Interim Class of NRG-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161 a of the Atomic Energy Act of 1954, as Amended," Commission Order EA-13-092, dated June 5, 2013 (ADAMS Accession No. ML13121A459).

6.

Section 653 of the Energy Policy Act of 2005, Pub. L. 109-58 (119 Stat 811).

7.

Section 161A, "Use of Firearms by Security Personnel," of the Atomic Energy Act of 1954 (42 United States Code (U.S.C.) § 2201 a), as added through Section 653 of the Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 811 (August 8, 2005) and as amended. 16.

8.

U.S. Code of Federal Regulations, "Application for Amendment of License, Construction Permit, or Early Site Permit," Section 50.90, Chapter I, Title 10, "Energy" (10 CFR 50.90).

9.

U.S. Code of Federal Regulations, "Managing Fatigue," Subpart I of "Fitness for Duty Programs," Part 26, Chapter I, Title 10, "Energy" (10 CFR 26).

10.

U.S. Nuclear Regulatory Commission, "Notice of Issuance of Guidelines on Use of Firearms by Security Personnel; Notice of Effective Date of Statute," Vol. 74, No. 175, September 11, 2009, pp. 46800-46806 (74 FR 46800).

11.

Section 922, "Unlawful Acts," and Section 925, "Exceptions: Relief from Disabilities," of Title 18, "Crime and Criminal Procedures," of the United States Code (18 U.S.C. §§ 922 and 925), as added through Section 902 of the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90 351, 82 Stat. 226 (June 19, 1968), and as amended, particularly through the Brady Handgun Violence Prevention Act, Pub. L. 103 159, 107 Stat. 1536 (November 30, 1993).

12.

U.S. Code of Federal Regulations, "Physical Protection of Plants and Materials," Part 73, Chapter I, Title 10, "Energy" (10 CFR 73).

13.

U.S. Code of Federal Regulations, "Packaging and Transportation of Radioactive Material," Part 71, Chapter I, Title 10, "Energy" (10 CFR 71).

Principal Contributor: D. Gordon, NSIR Date: January 5, 201 6

ENCLOSURE 5 CONFORMING ORDER MODIFYING LICENSES DIABLO CANYON POWER PLANT, UNITS 1 AND 2 AND DIABLO CANYON INDEPENDENT SPENT FUEL STORAGE INSTALLATION DOCKET NOS. 50-275, 50-323, AND 72-26

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant Units 1 and 2 DCPP Independent Spent Fuel Storage Installation

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50-275 and 50-323 License Nos. DPR-80 and DPR-82 72-26 License No. SNM-2511 EA-14-134 CONFIRMATORY ORDER MODIFYING LICENSE I.

Pacific Gas and Electric Company (PG&E), is the owner and operator of Diablo Canyon Nuclear Power Plant Units 1 and 2, including the specific-license Independent Spent Fuel Storage Installation (hereinafter "DCNPP" or "the facility"), and holder of Facility Operating License Nos. DPR-80, DPR-82, and SNM-2511 issued by the U.S. Nuclear Regulatory Commission ("NRC" or "Commission") under Title 10, "Energy," of the Code of Federal Regulations (10 CFR) Part 50, "Domestic Licensing of Production and Utilization Facilities";

Part 70, "Domestic Licensing of Special Nuclear Material"; and Part 72, "Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste." The licenses authorize the operation of DCNPP with the conditions specified therein. The facilities are located on the owner's site in San Luis Obispo County, California.

11.

By application dated September 24, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13268A398), as supplemented by letters dated December 18, 2013 (security-related), May 15, 2014 (ADAMS Accession No. ML14135A379), and March 26, 2015 (ADAMS Accession No. ML15090A278), PG&E requested, under Commission Order EA-13-092, that under the provisions of Section 161 A of the Atomic Energy Act of 1954, as amended, the Commission permit the transfer, receipt, possession, transport, import, and use of certain firearms and large-capacity ammunition-feeding devices by security personnel who protect a facility owned or operated by a licensee or certificate holder of the Commission that is designated by the Commission.

Section 161 A confers on the Commission the authority to permit a licensee's security personnel to possess and use firearms, ammunition, or devices, notwithstanding State, local, and certain Federal firearms laws that may prohibit such possession and use.

On review of the PG&E application for Commission authorization to use Section 161A Preemption authority at DCNPP, the NRC staff has found the following:

(1)

PG&E's application complies with the standards and requirements of Section 161A and the Commission's rules and regulations set forth in 10 CFR Part 73, "Physical Protection of Plants and Materials,"

(2)

There is reasonable assurance that the facilities will operate in conformance to the application; the provisions of the Atomic Energy Act of 1954, as amended; and the rules and regulations of the Commission, (3)

There is reasonable assurance that the activities permitted by the proposed Commission authorization to use Section 161A preemption authority is consistent with the protection of public health and safety, and that such activities will be conducted in compliance with the Commission's regulations and the requirements of this confirmatory order, (4)

The issuance of Commission authorization to use Section 161A preemption authority will not be inimical to the common defense and security or to the health and safety of the public, and (5)

The issuance of this Commission authorization to use Section 161A preemption authority will be in accordance with the Commission's regulations in 10 CFR Part 51, "Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions."

The findings set forth above are supported by an NRC staff safety evaluation under Accession Number ML15029A249.

111.

To carry out the statutory authority discussed above, the Commission has determined that the licenses for DCNPP must be modified to include provisions with respect to the Commission authorization to use Section 161 A preemption authority as identified in Section II of this confirmatory order. The requirements needed to exercise the foregoing are set forth in Section IV below.

The NRC staff has found that the license modifications set forth in Section IV are acceptable and necessary. It further concluded that, with the effective implementation of these provisions, the licensee's physical protection program will meet the specific physical protection program requirements set forth in 10 CFR 73.55, "Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors against Radiological Sabotage" (for nuclear power reactors) and 10 CFR 73.55, "Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors against Radiological Sabotage" (for specific-license independent spent fuel storage installations co-located with a reactor at the reactor site).

On March 26, 2015, PG&E consented to the issuance of this order. The licensee further agreed that this order will be effective 20 days after the date of issuance and that it has waived its right to a hearing on this order.

IV Accordingly, under Sections 53, 103and/or104b, 161b, 161i, 1610, 161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, "Orders"; 10 CFR Part 50; 10 CFR Part 70; and 10 CFR Part 72, IT IS HEREBY ORDERED that:

1.

The PG&E application for Commission authorization to use Section 161A preemption authority at DCNPP is approved, and permission for security personnel to possess and use weapons, devices, ammunition, or other firearms, notwithstanding local, State, and certain Federal firearms laws (including regulations) that may prohibit such possession and use, is granted.

2.

The licensee shall review and revise its NRG-approved security plans, as necessary, to describe how the requirements of this confirmatory order and other applicable requirements of 10 CFR Part 73 (including the related appendices) will be met.

3.

The licensee shall establish and maintain a program consistent with Commission Order EA-13-092 such that all security personnel who require access to firearms in the discharge of their official duties are subject to a firearms background check.

The Commission is engaged in an ongoing rulemaking to implement the Commission's authority under Section 161A. Subsequent to the effective date of that final rulemaking, the Director, Office of Nuclear Reactor Regulation, and the Director, Office of Nuclear Material Safety and Safeguards may take action to relax or rescind any or all of the requirements set forth in this confirmatory order.

The Directors of the Office of Nuclear Reactor Regulation and the Office of Nuclear Materials Safety and Safeguards may, in writing, relax or rescind this confirmatory order on demonstration by the licensee of good cause.

This confirmatory order is effective 20 days after the date of its issuance.

For further details with respect to this confirmatory order, see the staff's safety evaluation contained in a letter dated January 5, 2016 (ADAMS Accession No. ML15029A249),

which is available for public inspection at the Commission's Public Document Room (PDR) located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor),

Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents stored in ADAMS should contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.

In accordance with 10 CFR 2.202, any other person adversely affected by this order may submit an answer to this order within 20 days of its publication in the Federal Register. In addition, any other person adversely affected by this order may request a hearing on this order within 20 days of its publication in the Federal Register. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and must include a statement of good cause for the extension.

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 hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this order should be sustained.

All documents filed in NRC adjudicatory proceedings (including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding before the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.31 S(c)) must be filed in accordance with the NRC E-Filing rule (published at 72 FR 49139 on August 28, 2007). The E-Filing process requires participants to submit and serve all adjudicatory documents over the Internet or (in some cases) to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, the participant should contact the Office of the Secretary (at least 10 days before the filing deadline) by e-mail to hearing.docket@nrc.gov or by telephone at 301-415-1677 to (1) request a digital identification (ID) certificate, which allows the participant (or his or her counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or his or her counsel or representative, already holds an NRC-issued digital ID certificate). Based on this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing the E-Submittal server are detailed in the NRC's "Guidance for Electronic Submission," which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site to file documents, but they should note that the NRC's E-Filing system does not support unlisted software and that the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's Web-based online submission form. To serve documents through the Electronic Information Exchange, users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene.

Submissions should be Portable Document Format (PDF) documents in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11 :59 p.m. eastern time on the due date. On receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately.

Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request or petition to intervene is filed so that they can obtain access to the filed documents through the E-Filing system.

A person filing electronically using the agency's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the "Contact Us" link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a toll-free call to (866) 672-7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. eastern time, Monday through Friday, excluding Government holidays.

Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format.

Such filings must be submitted by: (1) First Class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 16th Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, Attention: Rulemaking and Adjudications Staff.

Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by First Class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service on depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket, available to the public athttp://ehd1.nrc.gov/ehd/, unless they are excluded under an order of the Commission or by the presiding officer. Participants are requested not to include personally private information such as social security numbers, home addresses, or home phone numbers in their filings unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).

In the absence of any request for hearing or of 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 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.

s--t-k Dated at Rockville, Maryland, this day of January 2016.

FOR THE NUCLEAR REGULATORY COMMISSION.

William M. Dean, Director, Office of Nuclear Reactor Regulation.

Scott W. Moore, Acting Director, Office of Nuclear Material Safety and Safeguards.

Package: ML15029A249; Amendment/FOL: ML15029A173; ISFSI License ML15041A057; SE ML15037A006; Confirmatory Order: ML15174A020; Order Consent/Waiver: ML15090A275 I

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NAME ABoland WDean SMoore DATE 12/30/15 1/05/16 1/05/16