ML061640281

Enclosure 1 - ICM Order for Entergy Nuclear Vermont Yankee ISFSI W/O Attachment

ML061640281
Person / Time
Site:	Vermont Yankee
Issue date:	06/15/2006
From:	Strosnider J Office of Nuclear Material Safety and Safeguards
To:	Ted Sullivan Entergy Nuclear Vermont Yankee
Regan C NMSS/SFPO (301) 415-1179
Shared Package
ML061600398	List: ML061640280 ML061640281 ML061640284 ML061640311 ML061640313 ML061640315
References
EA-06-116
Download: ML061640281 (5)

Text

SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATIONDocument transmitted herewith contains sensitiveunclassified information. When separated fromAttachment 1, this document is DECONTROLLED.WARNING: Violation of Section 147 of the AtomicEnergy Act, "Safeguards Information," is subject toCivil and Criminal Penalties.UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of)

)ENTERGY NUCLEAR VERMONT)Docket No. 72-59 YANKEE, LLC.)EA 06-116 VERMONT YANKEE NUCLEAR POWER) STATION)

INDEPENDENT SPENT FUEL STORAGE)

INSTALLATION)

P.O. BOX 0500) 185 OLD FERRY ROAD)

BRATTLEBORO, VT 05302-0500)ORDER MODIFYING LICENSE(EFFECTIVE IMMEDIATELY)

IThe U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued a generallicense to Entergy Nuclear Vermont Yankee, LLC. (Entergy), authorizing storage of spent fuel in an independent spent fuel storage installation (ISFSI) in accordance with the Atomic Energy Act of 1954, and Title 10 of the Code of Federal Regulations (10 CFR) Part 50, and 10 CFR Part 72. This Order is being issued to Entergy which has identified near-term plans to store spent fuel in an ISFSI under the general license provisions of Part 72. The Commission's regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy to maintain safeguards contingency plan procedures in accordance with 10 CFR Part 73, Appendix C. Specific safeguards requirements are contained in 10 CFR 73.55.

SAFEGUARDS INFORMATION 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to thepublic. SAFEGUARDS INFORMATION 2 IIOn September 11, 2001, terrorists simultaneously attacked targets in New York, NY, andWashington, DC, using large commercial aircraft as weapons. In re sponse to t he atta cks andintelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories, to its licensees, to strengthen licensees' capabilities and readiness torespond to a potential attack on a nuclear facility. The Commission has also communicated withother Federal, State, and local government agencies and industry representatives to discuss andevaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of itssafeguards and security programs and requirements.As a result of its consideration of current safeguards and security plan requirements, aswell as a review of information provided by the intelligence community and other governmentalagencies, the Commission has determined that certain compensatory measures are required to be implemented by licensees as prudent, interim measures, to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on Entergy,which has indicated near-term plans to store spent fuel in an ISFSI under the general license provisions of 10 CFR Part 72. These interim requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health andsafety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determinesotherwise.

SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 3The Commission recognizes that some measures may not be possible nor necessary, ormay need to be tailored to accommodate the specific circumstances existing at Entergy's facility,to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel.To provide assurance that licensees are implementing prudent measures to achieve aconsistent level of protection to address the current threat environment, the Commissionconcludes that security measures must be embodied in an Order consistent with the established regulatory framework. Entergy's general license issued pursuant to 10 CFR 72.210 is modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202(a)(5), the Commission finds that, in the circumstances described above, the public health, safety, and interest require that this Order be effective immediately.

IIIAccordingly, pursuant to Sections 103, 104, 161b, 161i, 161o, 182, and 186 of the AtomicEnergy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFRParts 50, 72, and 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT YOURGENERAL LICENSE IS MODIFIED AS FOLLOWS:A.Entergy shall comply with the requirements described in Attachment 1 to this Order, exceptto the extent that a more stringent requirement is set forth in its security plan. Entergy shall immediately start implementation of the requirements in Attachment 1 to the Orderand shall complete implementation before November 30, 2006, or the first day that spentfuel is initially placed in the ISFSI, whichever is earlier.B.1.Entergy shall, within twenty (20) days of the date of this Order, notify theCommission: (1) if it is unable to comply with any of the requirements described inAttachment 1; (2) if compliance with any of the requirements is unnecessary in its SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 4specific circumstances; or (3) if implementation of any of the requirements wouldcause the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide the licensee's justification for seeking relief from, or variation of, any specific requirement.2.If Entergy considers that implementation of any of the requirements described inAttachment 1 to this Order would adversely impact the safe storage of spent fuel,Entergy must notify the Commission, within twenty (20) days of this Order, of theadverse safety impact, the basis for its determination that the requirement has anadverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirement(s) in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach isappropriate, Entergy 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 in Condition B.1. C.1.Entergy shall, within twenty (20) days of the date of this Order, submit, to theCommission, a schedule for achieving compliance with each requirement describedin Attachment 1.2.Entergy shall report to the Commission when it has achieved full compliance withthe requirements described in Attachment 1.D.All measures implemented or actions taken in response to this Order shall be maintaineduntil the Commission determines otherwise.Entergy's responses to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted inaccordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled, in accordance with 10 CFR 73.21.

SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 5The Director, Office of Nuclear Material Safety and Safeguards (NMSS) may, in writing,relax or rescind any of the above conditions, on Entergy's demonstration of good cause.

IVIn accordance with 10 CFR 2.202, Entergy must, and any other entity adversely affectedby 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 willbe given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other entity adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission,ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement, at the same address;to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address; to the Regional Administrator for NRC Region I at 475 Allendale Road, King of Prussia, PA 19406-1415; and to the licensee, if the answer or hearing request is by an entity other than the licensee. Because of potential disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission, to 301-415-1101, or by e-mail, to SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 6hearingdocket@nrc.gov, and also to the Office of the General Counsel (OGC), either by means offacsimile transmission, to 301-415-3725, or by e-mail, to OGCMailCenter@nrc.gov. If an entityother than Entergy requests a hearing, that entity shall set forth, with particularity, the manner inwhich its interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309.If Entergy or an entity whose interest is adversely affected requests a hearing, theCommission will issue an Order designating the hearing's time and place. If a hearing is held, theissue to be considered at such a hearing shall be whether this Order should be sustained.Pursuant to 10 CFR 2.202(c)(2)(i), Entergy may, in addition to demanding a hearing, at thetime 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 immediateeffectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error.In the absence of any request for hearing, or written approval of an extension of time inwhich 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 forrequesting a hearing has been approved, the provisions specified in Section III shall be final whenthe 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/Jack R. Strosnider, DirectorOffice of Nuclear Material Safety and SafeguardsDated this 15th day of June 2006.

SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 7

Attachment:

Interim Safeguards and Security Compensatory Measures(This attachment contains Safeguards Information)