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25124 Federal Register / Vol. 70, No.

91 / Thursday, May 12, 2005 / Notices

which is available at the Commission’s matters within the scope of the Counsel, U.S. Nuclear Regulatory
PDR, located at One White Flint North, amendment under consideration. The Commission, Washington, DC 20555–
Public File Area 01F21, 11555 Rockville contention must be one which, if 0001, and it is requested that copies be
Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/ transmitted either by means of facsimile
Publicly available records will be requestor to relief. A petitioner/ transmission to 301–415–3725 or by e-
accessible from the Agencywide requestor who fails to satisfy these mail to OGCMailCenter@nrc.gov. A copy
Documents Access and Management requirements with respect to at least one of the request for hearing and petition
System’s (ADAMS) Public Electronic contention will not be permitted to for leave to intervene should also be
Reading Room on the Internet at the participate as a party. sent to Bryan A. Snapp, Esquire, Assoc.
NRC Web site, http://www.nrc.gov/ Those permitted to intervene become General Counsel, PPL Services
reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any Corporation, 2 North Ninth St.,
request for a hearing or petition for limitations in the order granting leave to GENTW3, Allentown, PA 18101–1179,
leave to intervene is filed by the above intervene, and have the opportunity to attorney for the licensee.
date, the Commission or a presiding participate fully in the conduct of the For further details with respect to this
officer designated by the Commission or hearing. action, see the application for
by the Chief Administrative Judge of the If a hearing is requested, the amendment dated April 27, 2005, as
Atomic Safety and Licensing Board Commission will make a final supplemented by letter dated May 4,
Panel, will rule on the request and/or determination on the issue of no 2005, which are available for public
petition; and the Secretary or the Chief significant hazards consideration. The inspection at the Commission’s Public
Administrative Judge of the Atomic final determination will serve to decide Document Room (PDR), located at One
Safety and Licensing Board will issue a when the hearing is held. If the final White Flint North, Public File Area O1
notice of a hearing or an appropriate determination is that the amendment F21, 11555 Rockville Pike (first floor),
order. request involves no significant hazards Rockville, Maryland. Publicly available
As required by 10 CFR 2.309, a consideration, the Commission may records will be accessible electronically
petition for leave to intervene shall set issue the amendment and make it from the Agencywide Documents
forth with particularity the interest of immediately effective, notwithstanding Access and Management System’s
the petitioner in the proceeding, and the request for a hearing. Any hearing (ADAMS) Public Electronic Reading
how that interest may be affected by the held would take place after issuance of Room on the Internet at the NRC Web
results of the proceeding. The petition the amendment. If the final site http://www.nrc.gov/reading-
should specifically explain the reasons determination is that the amendment rm.html. Persons who do not have
why intervention should be permitted request involves a significant hazards access to ADAMS or who encounter
with particular reference to the consideration, any hearing held would problems in accessing the documents
following general requirements: (1) The take place before the issuance of any
located in ADAMS, should contact the
name, address and telephone number of amendment.
NRC PDR Reference staff by telephone
the requestor or petitioner; (2) the Nontimely requests and/or petitions
and contentions will not be entertained at 1–800–397–4209, 301–415–4737, or
nature of the requestor’s/petitioner’s by e-mail to pdr@nrc.gov.
right under the Act to be made a party absent a determination by the
to the proceeding; (3) the nature and Commission or the presiding officer of Dated at Rockville, Maryland, this 5th day
extent of the requestor’s/petitioner’s the Atomic Safety and Licensing Board of May 2005.
property, financial, or other interest in that the petition, request and/or the For the Nuclear Regulatory Commission.
the proceeding; and (4) the possible contentions should be granted based on Richard V. Guzman,
effect of any decision or order which a balancing of the factors specified in 10 Project Manager, Section 1, Project
may be entered in the proceeding on the CFR 2.309(c)(1)(I)–(viii). Directorate I, Division of Licensing Project
requestor’s/petitioner’s interest. The A request for a hearing or a petition Management, Office of Nuclear Reactor
petition must also identify the specific for leave to intervene must be filed by: Regulation.
contentions which the petitioner/ (1) First class mail addressed to the [FR Doc. E5–2339 Filed 5–11–05; 8:45 am]
requestor seeks to have litigated at the Office of the Secretary of the BILLING CODE 7590–01–P
proceeding. Commission, U.S. Nuclear Regulatory
Each contention must consist of a Commission, Washington, DC 20555–
specific statement of the issue of law or 0001, Attention: Rulemaking and NUCLEAR REGULATORY
fact to be raised or controverted. In Adjudications Staff; (2) courier, express COMMISSION
addition, the petitioner/requestor shall mail, and expedited delivery services:
[Docket No. 72–48; EA–05–087]
provide a brief explanation of the bases Office of the Secretary, Sixteenth Floor,
for the contention and a concise One White Flint North, 11555 Rockville In the Matter of PSEG Nuclear LLC,
statement of the alleged facts or expert Pike, Rockville, Maryland 20852, Hope Creek and Salem Generating
opinion which support the contention Attention: Rulemaking and Stations; Independent Spent Fuel
and on which the petitioner intends to Adjudications Staff; (3) e-mail Storage Installation; Order Modifying
rely in proving the contention at the addressed to the Office of the Secretary, License (Effective Immediately)
hearing. The petitioner/requestor must U.S. Nuclear Regulatory Commission,
also provide references to those specific HEARINGDOCKET@NRC.GOV; or (4) AGENCY: Nuclear Regulatory
sources and documents of which the facsimile transmission addressed to the Commission.
petitioner/requestor is aware and on Office of the Secretary, U.S. Nuclear ACTION: Issuance of Order for
which the petitioner/requestor intends Regulatory Commission, Washington, implementation of additional security
to rely to establish those facts or expert DC, Attention: Rulemakings and measures associated with access
opinion. The petitioner/requestor must Adjudications Staff at (301) 415–1101, authorization.
provide sufficient information to show verification number is (301) 415–1966.
that a genuine dispute exists with the A copy of the request for hearing and FOR FURTHER INFORMATION CONTACT:
applicant on a material issue of law or petition for leave to intervene should Cynthia Barr, Project Manager,
fact. Contentions shall be limited to also be sent to the Office of the General Licensing and Inspection Directorate,

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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices 25125

Spent Fuel Project Office, Office of and industry representatives to discuss environment, PSEG’s general license
Nuclear Material Safety and Safeguards, and evaluate the current threat issued pursuant to 10 CFR 72.210 shall
U.S. Nuclear Regulatory Commission, environment in order to assess the be modified to include the requirements
Rockville, MD 20852. Telephone: (301) adequacy of security measures at identified in Attachment 1 to this Order.
415–4015; fax number: (301) 415–8555; licensed facilities. In addition, the In addition, pursuant to 10 CFR 2.202,
e-mail CSB2@nrc.gov. Commission has been conducting a the Commission finds that in light of the
SUPPLEMENTARY INFORMATION: comprehensive review of its safeguards common defense and security matters
and security programs and described above, the public health,
I. Introduction requirements. safety, and interest require that this
Pursuant to 10 CFR 2.106, the Nuclear As a result of its consideration of Order be immediately effective.
Regulatory Commission (NRC) is current safeguards and security
III
providing notice in the matter of Hope requirements, as well as a review of
Creek and Salem Generating Stations information provided by the intelligence Accordingly, pursuant to Sections 53,
Independent Spent Fuel Storage community, the Commission has 103, 104, 161b, 161i, 161o, 182, and 186
Installation Order Modifying License determined that certain additional of the Atomic Energy Act of 1954, as
(Effective Immediately). security measures are required to amended, and the Commission’s
address the current threat environment regulations in 10 CFR 2.202 and 10 CFR
II. Further Information in a consistent manner throughout the Parts 50, 72, and 73, it is hereby ordered,
I nuclear ISFSI community. Therefore, effective immediately, that your general
the Commission is imposing license is modified as follows:
PSEG Nuclear LLC (PSEG) holds a A. PSEG shall, notwithstanding the
requirements, as set forth in Attachment
license issued by the U.S. Nuclear provisions of any Commission
1 1 of this Order, on all licensees of these
Regulatory Commission (NRC or the regulation or license to the contrary,
facilities. These requirements, which
Commission) authorizing the operation comply with the requirements described
supplement existing regulatory
of an Independent Spent Fuel Storage in Attachment 1 to this Order except to
requirements, will provide the
Installation (ISFSI) in accordance with the extent that a more stringent
Commission with reasonable assurance
the Atomic Energy Act of 1954 and Title requirement is set forth in the PSEG’s
that the public health and safety and
10 of the Code of Federal Regulations security plan. PSEG shall immediately
common defense and security continue
(10 CFR) Part 50 and 10 CFR Part 72. start implementation of the
to be adequately protected in the current
Commission regulations at 10 CFR requirements in Attachment 1 to the
threat environment. These requirements
72.212(b)(5) and 10 CFR 73.55(h)(1) Order and shall complete
will remain in effect until the
require PSEG to have a safeguards implementation no later than October
Commission determines otherwise.
contingency plan to respond to threats The Commission recognizes that 31, 2005, with the exception of the
of radiological sabotage and to protect licensees may have already initiated additional security measures B.4, which
the spent fuel against the threat of many of the measures set forth in shall be implemented no later than May
radiological sabotage. Attachment 1 to this Order in response 2, 2006, or the first day that spent fuel
Inasmuch as an insider has an is initially placed in the ISFSI,
to previously issued advisories, the
opportunity equal to or greater than any whichever is later.
October 2002 Order, or on their own. It
other person to commit radiological B.1. PSEG shall, within twenty (20)
also recognizes that some measures may
sabotage, the Commission has days of the date of this Order, notify the
not be possible or necessary at some
determined these measures to be Commission: (1) If it is unable to
sites, or may need to be tailored to
prudent. This Order has been issued to comply with any of the requirements
accommodate the specific
all licensees who currently store spent described in Attachment 1, (2) if
circumstances existing at the licensee’s
fuel or have identified near-term plans compliance with any of the
facility to achieve the intended
to store spent fuel in an ISFSI. requirements is unnecessary in their
objectives and avoid any unforeseen
specific circumstances, or (3) if
II effect on the safe storage of spent fuel.
implementation of any of the
Although the additional security
On September 11, 2001, terrorists requirements would cause PSEG to be in
measures implemented by licensees in
simultaneously attacked targets in New violation of the provisions of any
response to the Safeguards and Threat
York, NY, and Washington, DC, Commission regulation or the facility
Advisories have been adequate to
utilizing large commercial aircraft as license. The notification shall provide
provide reasonable assurance of
weapons. In response to the attacks and PSEG’s justification for seeking relief
adequate protection of public health and
intelligence information subsequently from or variation of any specific
safety, the Commission concludes that
obtained, the Commission issued a requirement.
these actions must be supplemented
number of Safeguards and Threat 2. If PSEG considers that
further because the current threat
Advisories to its licensees in order to implementation of any of the
environment continues to persist.
strengthen licensees’ capabilities and requirements described in Attachment 1
Therefore, it is appropriate to require
readiness to respond to a potential to this Order would adversely impact
certain additional security measures and
attack on a nuclear facility. On October the safe storage of spent fuel, PSEG must
these measures must be embodied in an
16, 2002, the Commission issued Orders notify the Commission, within twenty
Order, consistent with the established
to the licensees of operating ISFSIs to (20) days of this Order, of the adverse
regulatory framework.
put the actions taken in response to the In order to provide assurance that
safety impact, the basis for its
Advisories in the established regulatory PSEG is implementing prudent
determination that the requirement has
framework and to implement additional measures to achieve a consistent level of
an adverse safety impact, and either a
security enhancements which emerged protection to address the current threat
proposal for achieving the same
from the NRC’s ongoing comprehensive objectives specified in the Attachment 1
review. The Commission has also 1 Attachment 1 contains SAFEGUARDS requirements in question, or a schedule
communicated with other Federal, INFORMATION and will not be released to the for modifying the facility to address the
State, and local government agencies public. adverse safety condition. If neither

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25126 Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Notices

approach is appropriate, PSEG must Safety and Safeguards, U.S. Nuclear For the Nuclear Regulatory Commission.
supplement its response to Condition Regulatory Commission, Washington, Margaret V. Federline,
B.1 of this Order to identify the DC 20555; to the Director, Office of Acting Director, Office of Nuclear Material
condition as a requirement with which Enforcement at the same address; to the Safety and Safeguards.
it cannot comply, with attendant Assistant General Counsel for Materials [FR Doc. E5–2345 Filed 5–11–05; 8:45 am]
justifications as required under Litigation and Enforcement at the same BILLING CODE 7590–01–P
Condition B.1. address, to the Regional Administrator
C.1. PSEG shall, within twenty (20) for NRC Region I at 475 Allendale Road,
days of this Order, submit to the NUCLEAR REGULATORY
King of Prussia, PA 19406; and to the
Commission a schedule for achieving COMMISSION
licensee if the answer or hearing request
compliance with each requirement
described in Attachment 1. is by a person other than the licensee.
Because of possible disruptions in [Docket No. 72–48; EA–05–086]
2. PSEG shall report to the
Commission when they have achieved delivery of mail to United States
Government offices, it is requested that In the Matter of PSEG Nuclear LLC,
full compliance with the requirements Hope Creek and Salem Generating
described in Attachment 1. requests for a hearing be transmitted to
Stations; Independent Spent Fuel
D. Notwithstanding the provisions of the Secretary of the Commission either
Storage Installation; Order Modifying
10 CFR 72.212(b)(5), all measures by means of facsimile transmission to License (Effective Immediately)
implemented or actions taken in 301–415–1101 or by e-mail to
response to this Order shall be hearingdocket@nrc.gov and also to the AGENCY:Nuclear Regulatory
maintained until the Commission Office of General Counsel either by Commission.
determines otherwise. means of facsimile transmission to 301–
PSEG’s response to Conditions B.1, ACTION:Issuance of Order for
415–3725 or by e-mail to implementation of interim safeguards
B.2, C.1, and C.2, above shall be OGCMailCenter@nrc.gov. If a person
submitted in accordance with 10 CFR and security compensatory measures.
other than the PSEG requests a hearing,
72.4. In addition, submittals that
that person shall set forth with FOR FURTHER INFORMATION CONTACT:
contain Safeguards Information shall be
particularity the manner in which his/ Cynthia Barr, Project Manager,
properly marked and handled in
accordance with 10 CFR 73.21. her interest is adversely affected by this Licensing and Inspection Directorate,
The Director, Office of Nuclear Order and shall address the criteria set Spent Fuel Project Office, Office of
Material Safety and Safeguards, may, in forth in 10 CFR 2.714(d). Nuclear Material Safety and Safeguards,
writing, relax or rescind any of the If a hearing is requested by PSEG or U.S. Nuclear Regulatory Commission,
above conditions upon demonstration a person whose interest is adversely Rockville, MD 20852. Telephone: (301)
by PSEG of good cause. affected, the Commission will issue an 415–4015; fax number: (301) 415–8555;
Order designating the time and place of e-mail CSB2@nrc.gov.
IV
any hearing. If a hearing is held, the SUPPLEMENTARY INFORMATION:
In accordance with 10 CFR 2.202, issue to be considered at such hearing
PSEG must, and any other person I. Introduction
shall be whether this Order should be
adversely affected by this Order may,
sustained. Pursuant to 10 CFR 2.106, the Nuclear
submit an answer to this Order, and
Pursuant to 10 CFR 2.202(c)(2)(i), Regulatory Commission (NRC) is
may request a hearing on this Order,
PSEG may, in addition to demanding a providing notice in the matter of Hope
within twenty (20) days of the date of
Creek and Salem Generating Station
this Order. Where good cause is shown, hearing at the time the answer is filed
Independent Spent Fuel Storage
consideration will be given to extending or sooner, move the presiding officer to
Installation Order Modifying License
the time to request a hearing. A request set aside the immediate effectiveness of (Effective Immediately).
for extension of time in which to submit the Order on the grounds that the Order,
an answer must be made in writing to including the need for immediate II. Further Information
the Director, Office of Nuclear Material effectiveness, is not based on adequate I
Safety and Safeguards, and the Director, evidence but on mere suspicion,
Office of Enforcement, U.S. Nuclear unfounded allegations or error. PSEG Nuclear LLC (PSEG) has been
Regulatory Commission, Washington, issued a general license by the U.S.
In the absence of any request for
DC 20555, and include a statement of Nuclear Regulatory Commission (NRC
good cause for the extension. The hearing or written approval of an or the Commission) authorizing storage
answer may consent to this Order. extension of time in which to request a of spent fuel in an independent spent
Unless the answer consents to this hearing, the provisions specified in fuel storage installation (ISFSI) in
Order, the answer shall, in writing and Section III above shall be final twenty accordance with the Atomic Energy Act
under oath or affirmation, specifically (20) days from the date of this Order of 1954, 10 CFR Part 50, and 10 CFR
set forth the matters of fact and law on without further order or proceedings. If Part 72. This Order is being issued to
which the licensee or other person an extension of time for requesting a PSEG who has identified near-term
adversely affected relies and the reasons hearing has been approved, the plans to store spent fuel in an ISFSI
as to why the Order should not have provisions specified in Section III shall under the general license provisions of
been issued. Any answer or request for be final when the extension expires, if 10 CFR Part 72. The Commission
a hearing shall be submitted to the a hearing request has not been received. regulations at 10 CFR 72.212(b)(5) and
Secretary, Office of the Secretary of the An answer or a request for hearing shall 10 CFR 73.55(h)(1) require PSEG to
Commission, U.S. Nuclear Regulatory not stay the immediate effectiveness of maintain safeguards contingency plan
Commission, ATTN: Rulemakings and this Order. procedures in accordance with 10 CFR
Adjudications Staff, Washington, DC Part 73, Appendix C. Specific
Dated this 5th day of May, 2005.
20555. Copies also shall be sent to the safeguards requirements are contained
Director, Office of Nuclear Material in 10 CFR 73.55.

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