ML061640311
| ML061640311 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 06/15/2006 |
| From: | Strosnider J R Office of Nuclear Material Safety and Safeguards |
| To: | Ted Sullivan Entergy Nuclear Vermont Yankee |
| Regan C M NMSS/SFPO (301) 415-1179 | |
| Shared Package | |
| ML061600398 | List: |
| References | |
| EA-06-117 | |
| Download: ML061640311 (7) | |
Text
SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATIONWARNING: Violation of Section 147 of the AtomicEnergy Act, "Safeguards Information," is subject toCivil and Criminal Penalties.Document transmitted herewith contains sensitiveunclassified information. When separated fromAttachment 1, this document is DECONTROLLED.UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of)
)ENTERGY NUCLEAR VERMONT)Docket No. 72-59 YANKEE, LLC.)EA 06-117 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)
I The U.S. Nuclear Regulatory Commission (NRC or the Commission) has iss ued ageneral license to Entergy Nuclear Vermont Yankee, LLC. (Entergy), authorizing the operation of an Independent Spent Fuel Storage Installation (ISFSI), in accordance with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations (10 CFR) Part 50 and10 CFR Part 72. Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy 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.
SAFEGUARDS INFORMATION 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to thepublic.SAFEGUARDS INFORMATION 2 2Inasmuch as an insider has an opportunity equal to or greater than any other person tocommit radiological sabotage, the Commission has determined these measures to be prudent.
This Order has been issued to all licensees that currently store spent fuel or have identified near-term plans to store spent fuel in an ISFSI.
IIOn September 11, 2001, terrorists simultaneously attacked targets in New York, NY,and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number ofSafeguards and Threat Advisories to its licensees, in order to strengthen licensees' capabilitiesand readiness to respond to a potential attack on a nuclear facility. On October 16, 2002, theCommission issued Orders to the licensees of operating ISFSIs to put the actions taken in response to the Advisories in the established regulatory framework and to implement additional security enhancements which emerged from NRC's ongoing comprehensive review. TheCommission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has beenconducting a comprehensive review of its safeguards and security programs and requirements.As a result of its consideration of current safeguards and security requirements, as wellas a review of information provided by the intelligence community, the Commission hasdetermined that certain additional security measures are required to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on all SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 3 3licensees of these facilities. These requirements, which supplement existing regulatoryrequirements, 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.The Commission recognizes that licensees may have already initiated many of themeasures 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, or may need to be tailored to accommodate the specific circumstances existing at the licensee's facility, to achieve the intended objectives and avoidany unforeseen effect on the safe storage of spent fuel.Although the additional security measures implemented by licensees in response to theSafeguards 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. To provide assurance that Entergy is implementing prudent measures to achieve aconsistent level of protection to address the current threat environment, Entergy's general license issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that in the circumstances described above, the public health, safety, and interest require that this Order be immediately effective.
SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 4 4 IIIAccordingly, pursuant to Sections 53, 103, 104, 161b, 161i, 161o, 182, and 186 of theAtomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202and 10 CFR Parts 50, 72, and 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY
,THAT YOUR GENERAL LICENSE IS MODIFIED AS FOLLOWS:A.Entergy shall comply with the requirements described in Attachment 1 to this Orderexcept to the extent that a more stringent requirement is set forth in Entergy's security plan. Entergy shall immediately start implementation of the requirements in Attachment1 to the Order and shall complete implementation no later than November 30, 2006,with the exception of the additional security measure B.4, which shall be implemented no later than May 31, 2007. In any event, Entergy shall complete implementation of alladditional security measures prior to the first day that spent fuel is initially placed in theISFSI.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 describedin Attachment 1; (2) if compliance with any of the requirements is unnecessary in its specific circumstances; or (3) if implementation of any of the requirements would cause Entergy to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide Entergy'sjustification for seeking relief from, or variation of, any specific requirement.
SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 5 52.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, ofthe adverse safety impact, the basis for its determination that the requirementhas 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 neitherapproach is appropriate, 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 under Condition B.1.C.1.Entergy shall, within twenty (20) days of this Order, submit to the Commission aschedule for achieving compliance with each requirement described inAttachment 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 bemaintained until the Commission determines otherwise.Entergy's response 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.The 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.
SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 6 6 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 will be given to extending the time to request a hearing. A request for extension of time inwhich to submit an answer must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other 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 RegulatoryCommission, 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 andEnforcement at the same address; to the Regional Administrator for NRC Region I at 475Allendale Road, King of Prussia, PA 19406-1415; and to the licensee, if the answer or hearingrequest is by an entity 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 the GeneralCounsel (OGC), either by means of facsimile transmission, to 301-415-3725, or by e-mail, to OGCMailCenter@nrc.gov. If an entity other than the Entergy requests a hearing, that entity SAFEGUARDS INFORMATIONSAFEGUARDS INFORMATION 7 7shall set forth, with particularity, the manner in which his/her interest is adversely affected bythis 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,the issue to be considered at such hearing shall be whether this Order should be sustained.Pursuant to 10 CFR 2.202(c)(2)(i), Entergy may, in addition to demanding a hearing atthe 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 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 oftime for requesting a hearing has been approved, the provisions specified in Section III shall befinal 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/Jack R. Strosnider, DirectorOffice of Nuclear Material Safety and SafeguardsDated this 15th day of June 2006.
Attachment:
Additional Security Measures(This attachment contains Safeguards Information)