[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Notices]
[Pages 8936-8938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4533]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1201; License No. SNM-1168]


In the Matter of: Framatome Advanced Nuclear Power, Inc., 
Lynchburg, VA; Order Modifying License (Effective Immediately)

I

    Framatome Advanced Nuclear Power, Inc. Lynchburg (Framatome ANP 
Lynchburg) is the holder of Special Nuclear Material License No. SNM 
1168 issued by the U.S. Nuclear Regulatory (NRC or Commission) pursuant 
to 10 CFR part 70. Framatome ANP Lynchburg is authorized by their 
license to receive, possess, and transfer byproduct, source material, 
and special nuclear material in accordance with the Atomic Energy Act 
of 1954, as amended, and 10 CFR part 70. The Framatome ANP Lynchburg 
license, originally issued in December 1969, was renewed in September 
1990. The license is currently being reviewed for renewal until 2012.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, utilizing large commercial 
aircraft as weapons. In response to the attacks and intelligence 
information subsequently obtained, the Commission issued a number of 
Safeguards and Threat Advisories to its licensees in order to 
strengthen licensees' capabilities and readiness to respond to a 
potential attack on a nuclear facility. The Commission has also 
communicated

[[Page 8937]]

with other Federal, State and local government agencies and industry 
representatives to discuss and evaluate the current threat environment 
in order to assess the adequacy of security measures at licensed 
facilities. In addition, the Commission has been conducting a 
comprehensive review of its safeguards and security programs and 
requirements.
    As a result of its consideration of current safeguards and security 
plan requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
compensatory measures are required to be implemented by Framatome ANP 
Lynchburg as prudent, interim measures to address the current threat 
environment. Therefore, the Commission is imposing interim 
requirements, set forth in Attachment 1 \1\ of this Order, which 
supplement existing regulatory requirements, to provide the Commission 
with reasonable assurance that the public health and safety and common 
defense and security continue to be adequately protected in the current 
threat environment. These requirements will remain in effect until the 
Commission determines otherwise.
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    \1\ Attachment 1 contains safeguards information and will not be 
released to the public.
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    The Commission recognizes that some of the requirements set forth 
in Attachment 1 \2\ to this Order may already have been initiated by 
Framatome ANP Lynchburg in response to previously-issued advisories, or 
on its own. It is also recognized that some measures may need to be 
tailored to specifically accommodate the specific circumstances and 
characteristics existing at Framatome ANP Lynchburg's facility to 
achieve the intended objectives and avoid any unforeseen effect on safe 
operation.
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    \2\ To the extent that specific measures identified in 
Attachment 1 to this Order require actions pertaining to Framatome 
ANP Lynchburg's possession and use of chemicals, such actions are 
being directed on the basis of the potential impact of such 
chemicals on radioactive materials and activities subject to NRC 
regulation.
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    Although Framatome ANP Lynchburg's response to the Safeguards and 
Threat Advisories has been adequate to provide reasonable assurance of 
adequate protection of public health and safety, in light of the 
current threat environment, the Commission concludes that the security 
measures must be embodied in an Order, consistent with the established 
regulatory framework. In order to provide assurance that Framatome ANP 
Lynchburg is implementing prudent measures to achieve an adequate level 
of protection to address the current threat environment, Materials 
License SNM-1168 shall be modified to include the requirements 
identified in Attachment 1 to this Order. In addition, pursuant to 10 
CFR 2.202 and 70.81, I find that, in the circumstances described above, 
the public health, safety and interest and the common defense and 
security require that this Order be immediately effective.

III

    Accordingly, pursuant to sections 53, 63, 81, 161b, 161i, 161o, 182 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR part 70, It is 
hereby ordered, effective immediately, that Material License SNM-1168 
is modified as follows:
    A. Framatome ANP Lynchburg shall, notwithstanding the provisions of 
any Commission regulation to the contrary, comply with the requirements 
described in Attachment 1 to this Order. Framatome ANP Lynchburg shall 
immediately start implementation of the requirements in Attachment 1 to 
the Order and shall complete implementation, unless otherwise specified 
in Attachment 1 to this order, no later than August 15, 2003.
    B. 1. Framatome ANP Lynchburg shall, within twenty (20) days of the 
date of this Order, notify the Commission, (1) if it is unable to 
comply with any of the requirements described in Attachment 1, (2) if 
compliance with any of the requirements is unnecessary in its specific 
circumstances, or (3) if implementation of any of the requirements 
would cause Framatome ANP Lynchburg to be in violation of the 
provisions of any Commission regulation or its license. The 
notification shall provide Framatome ANP Lynchburg's justification for 
seeking relief from or variation of any specific requirement.
    2. If Framatome ANP Lynchburg considers that implementation of any 
of the requirements described in Attachment 1 to this Order would 
adversely impact safe operation of its facility, Framatome ANP 
Lynchburg must notify the Commission, within twenty (20) days of this 
Order, of the adverse safety impact, the basis for its determination 
that the requirement has an adverse safety impact, and either a 
proposal for achieving the same objectives specified in the Attachment 
1 requirement in question, or a schedule for modifying the facilities 
to address the adverse safety condition. If neither approach is 
appropriate, Framatome ANP Lynchburg must supplement its response to 
Condition B1 of this Order to identify the condition as a requirement 
with which it cannot comply, with attendant justifications as required 
in Condition B1.
    C. 1. Framatome ANP Lynchburg shall, within twenty (20) days of the 
date of this Order, submit to the Commission, a schedule for achieving 
compliance with each requirement described in Attachment 1.
    2. Framatome ANP Lynchburg shall report to the Commission when it 
has achieved full compliance with the requirements described in 
Attachment 1.
    D. Notwithstanding any provision of the Commission's regulations to 
the contrary, all measures implemented or actions taken in response to 
this Order shall be maintained until the Commission determines 
otherwise.
    Framatome ANP Lynchburg's responses to Conditions B.1, B.2, C.1, 
and C.2, above shall be submitted in accordance with 10 CFR 70.5. In 
addition, Framatome ANP Lynchburg's 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, 
may, in writing, relax or rescind any of the above conditions upon 
demonstration by Framatome ANP Lynchburg of good cause.

IV

    In accordance with 10 CFR 2.202, the licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing on this Order, within twenty (20) days 
of the date of this Order. Where good cause is shown, consideration 
will be given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer or request a hearing 
must be made in writing to the Director, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555, and include a statement of good cause for the extension. The 
answer may consent to this Order. Unless the answer consents to this 
Order, the answer shall, in writing and under oath or affirmation, 
specifically set forth the matters of fact and law on which the 
licensee or other person adversely affected relies and the reasons as 
to why the Order should not have been issued. Any answer or request for 
a hearing shall be submitted to the Secretary, Office of the Secretary 
of the Commission, U.S. Nuclear Regulatory

[[Page 8938]]

Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 
20555. Copies also shall be sent to the Director, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, to the Assistant General Counsel for Materials 
Litigation and Enforcement at the same address, to the Regional 
Administrator, NRC Region II, Sam Nunn Atlanta Federal Center , Suite 
23 T85, 61 Forsyth Street, SW. Atlanta, GA 30303-3415, and to Framatome 
ANP Lynchburg if the answer or hearing request is by a person other 
than the licensee. Because of possible disruptions in delivery of mail 
to United States Government offices, it is requested that 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 [email protected] and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to [email protected]. If a person other than the licensee requests 
a hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.714(d).\3\
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    \3\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714(d), please see 67 FR 20884, April 29, 
2002.
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    If a hearing is requested by the licensee or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), the licensee may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, 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 in which to request a hearing, the provisions 
specified in Section III above shall be final twenty (20) days from the 
date of this Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section III shall be final when the extension 
expires if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 
order.

    Dated this 6th day of February, 2003.

    For the Nuclear Regulatory Commission:
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-4533 Filed 2-25-03; 8:45 am]
BILLING CODE 7590-01-P