[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36300-36302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14761]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-213, 72-39; NRC-2012-0136; License No. DPR-61]


In the Matter of Connecticut Yankee Atomic Power Company; Haddam 
Neck Plant; Confirmatory Order Modifying License (Effective 
Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
issued a Confirmatory Order to Connecticut Yankee Atomic Power Company 
(Connecticut Yankee or the Licensee), to address statutory requirements 
and the Commission's regulation regarding foreign ownership, control, 
or domination (FOCD).

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FOR FURTHER INFORMATION CONTACT: John Goshen, Project Manager, Division 
of Spent Fuel Storage and Transportation, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555. Telephone: (301) 492-3325; Fax number: (301) 492-3342; Email: 
john.goshen@nrc.gov.

I

    Connecticut Yankee Atomic Power Company (Connecticut Yankee or the 
Licensee), is the holder of Facility Operating License No. DPR-61, 
pursuant to 10 CFR Part 50, which authorizes the receipt, possession, 
and use of byproduct and special nuclear material in accordance with 
the Commission's regulations in 10 CFR Parts 30, 40, and 70 and storage 
of spent nuclear fuel under the general license provisions of 10 CFR 
Part 72, Subpart K at the Haddam Neck Plant. The facility is located at 
the Licensee's site in Middlesex County, Connecticut.

II

    On December 21, 2011, as supplemented April 24, 2012, Connecticut 
Yankee submitted a letter to the U.S. Nuclear Regulatory Commission 
(NRC or the Commission), (Agencywide Documents Access and Management 
System (ADAMS) Accession Nos. ML11364A053 and ML12124A230), stating 
that it had implemented a Negation Action Plan by adopting a Board of 
Directors Resolution that prevents any potential for foreign control 
over safety and security matters, including access to security 
information and to special nuclear material in compliance with Section 
103d of the Atomic Energy Act of 1954, as amended (AEA) and the 
Commission's regulation under Title 10 of the Code of Federal 
Regulations (10 CFR) 50.38. The Board of Director's Resolution was 
passed on December 14, 2011. The Board of Directors Resolution was 
enclosed in a Foreign Ownership, Control, and Influence (FOCI) 
application filed with the NRC on January 3, 2012, and also provided in 
a letter to the NRC dated February 23, 2012 (ADAMS Accession No. 
ML12066A044).
    The Negation Action Plan, as modified in the April 24, 2012 letter, 
contains provisions related to foreign ownership, control, or 
domination that include, but are not limited to, the following items: 
(1) Access to classified and safeguards information and to special 
nuclear material shall be controlled by Connecticut Yankee under the 
direction of the President and Chief Executive Officer (CEO) of 
Connecticut Yankee; (2) Decisions related to safety and security of 
special nuclear material, and related to access to classified and

[[Page 36301]]

safeguards information and to special nuclear material, are 
specifically delegated by the Connecticut Yankee Board of Directors to 
the President and CEO of Connecticut Yankee; (3) The President and CEO 
of Connecticut Yankee shall be a U.S. citizen and shall execute a 
certification acknowledging his or her special duties to protect 
classified and safeguards information, to protect public health and 
safety and common defense and security relative to special nuclear 
material, and to report any foreign ownership, control, or domination 
issue to the NRC; (4) Directors and officers of foreign-controlled 
sponsor companies shall not have access to safeguards or classified 
information, and shall not have access to special nuclear material in 
the possession of Connecticut Yankee; (5) Directors and officers of 
Connecticut Yankee who are representatives of a foreign-controlled 
owner shall be excluded from access to classified information and to 
special nuclear material; and (6) Directors and officers of Connecticut 
Yankee who are representatives of a foreign-controlled owner shall 
execute certifications acknowledging their exclusion from access to 
classified information and special nuclear material, and acknowledging 
their commitment to take no action to circumvent the protective 
measures established by Connecticut Yankee to negate any foreign 
control or influence with respect to radiological safety and security 
of special nuclear material.
    The NRC has reviewed and evaluated the executed Negation Action 
Plan and Board Resolution submitted by Connecticut Yankee, and finds 
that the plan and implementing actions are acceptable to negate the 
foreign ownership, control, or domination issues and satisfy NRC 
requirements as applicable when the plan was submitted and at this 
time.

III

    In order to meet the statutory requirements of Section 103d of the 
AEA and 10 CFR 50.38 as discussed above, the Commission has determined 
that the Facility Operating License for the Haddam Neck Plant must be 
modified to include provisions with respect to the measures identified 
in Section II of this Confirmatory Order. The requirements needed to 
effectuate the foregoing are set forth in Section IV below. On May 31, 
2012, Connecticut Yankee consented to the license modifications set 
forth in Section IV below. Connecticut Yankee further agreed in its 
letter dated May 31, 2012, that it has waived its right to a hearing on 
this Confirmatory Order, and, therefore, the terms of the Confirmatory 
Order are effective upon issuance.
    The NRC has concluded that the License modifications set forth in 
Section IV are acceptable and necessary to ensure continued compliance 
with the AEA. Based on the above and Connecticut Yankee's consent, this 
Confirmatory Order is immediately effective upon issuance.

IV

    Accordingly, pursuant to Section 103d of the Atomic Energy Act of 
1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 
CFR Part 50, and 10 CFR Part 72, IT IS HEREBY ORDERED, EFFECTIVE 
IMMEDIATELY, THAT LICENSE NO. DPR-61 IS MODIFIED AS FOLLOWS:
    (1) The Connecticut Yankee Atomic Power Company Negation Action 
Plan included with the letters dated December 21, 2011, and April 24, 
2012, and the Board Resolution included with the FOCI application filed 
on January 3, 2012, and provided in a letter to the NRC dated February 
23, 2012, shall be adhered to and may not be modified in any respect 
concerning decision-making authority over the Connecticut Yankee 
Independent Spent Fuel Storage Installation without the prior written 
consent of the Director, Office of Nuclear Material Safety and 
Safeguards, or designee.
    (2) Access to classified and safeguards information and to special 
nuclear material shall be controlled by Connecticut Yankee Atomic Power 
Company under the direction of the President and CEO of Connecticut 
Yankee Atomic Power Company.
    (3) Decisions related to safety and security of special nuclear 
material, and related to access to classified and safeguards 
information and to special nuclear material, are specifically delegated 
by the Connecticut Yankee Board of Directors to the President and CEO 
of Connecticut Yankee Atomic Power Company.
    (4) The President and CEO of Connecticut Yankee Atomic Power 
Company shall be a U.S. citizen and shall execute a certification 
acknowledging his or her special duties to protect classified and 
safeguards information, to protect public health and safety and common 
defense and security relative to special nuclear material, and to 
report any foreign ownership, control, or domination issue to the NRC.
    (5) Directors and Officers of any foreign controlled owner shall 
not be permitted to hold positions, and shall be excluded from holding 
positions, at Connecticut Yankee Atomic Power Company that would enable 
them to control the policy and practices of Connecticut Yankee Atomic 
Power Company in the performance of its licensed activities, and shall 
not have access to classified information or safeguards information 
related to the Haddam Neck facility, or access to or custody of special 
nuclear material related to the Haddam Neck facility.
    (6) Connecticut Yankee Atomic Power Company shall cause to be 
transmitted to the Director, Office of Nuclear Material Safety and 
Safeguards, within 30 days of knowledge of a filing with the U.S. 
Securities and Exchange Commission, any Schedules 13D or 13G filed 
pursuant to the Securities and Exchange Act of 1934 that disclose 
beneficial ownership of any registered classes of Connecticut Yankee 
Atomic Power Company stock.

V

    In accordance with 10 CFR 2.202, any person adversely affected by 
this Confirmatory Order, other than the Licensee, may request a hearing 
within 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 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.
    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 applicable 
criteria set forth in 10 CFR 2.202 and 2.309.
    If a hearing is granted, 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 prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
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

[[Page 36302]]

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, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at (301) 415-1677, to request (1) a digital ID certificate, 
which allows the participant (or its 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 its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in 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, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and 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 online, web-based submission form. In order 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 in 
Portable Document Format (PDF) 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. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC 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/petition 
to intervene is filed so that they can obtain access to the document 
via 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 email at 
MSHD.Resource@nrc.gov, or by a toll-free call at (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, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 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 upon 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 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy 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.
    A request for hearing shall not stay the immediate effectiveness of 
this order.
    For the Nuclear Regulatory Commission.

     Dated: Dated this 4th day of June 2012.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-14761 Filed 6-15-12; 8:45 am]
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