[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36302-36305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14762]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-029, 72-31; NRC-2012-0138; License No. DPR-3]
Yankee Atomic Electric Company, Yankee Nuclear Power Station,
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 Yankee Atomic Electric Company (Yankee
Atomic 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
[[Page 36303]]
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
Yankee Atomic Electric Company (Yankee Atomic or the Licensee), is
the holder of Facility Operating License No. DPR-3 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 Yankee Nuclear Power Station. The facility is located at the
Licensee's site in Rowe, Massachusetts.
II
On December 21, 2011, as supplemented April 24, 2012, Yankee Atomic
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 ML12124A229) 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 Directors Resolution was passed on December 14, 2011, and
formally executed on January 3, 2012. 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 (ADAMS Accession No. ML12066A038).
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 Yankee Atomic under the
direction of the President and Chief Executive Officer (CEO) of Yankee
Atomic; (2) 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 Yankee Atomic Board of Directors to the President and CEO of
Yankee Atomic; (3) The President and CEO of Yankee Atomic 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 Yankee Atomic; (5)
Directors and officers of Yankee Atomic who are a representative of a
foreign-controlled owner shall be excluded from access to classified
information and to special nuclear material; and (6) Directors and
officers of Yankee Atomic who are a representative 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 Yankee Atomic 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 Yankee Atomic, 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 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 Yankee Nuclear Power Station 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, Yankee Atomic consented to the license modifications set forth in
Section IV below. Yankee Atomic further agreed in its letter dated May
31, 2012, that it has waived its right to a hearing on this
Confirmatory Order, and, therefore, that 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 Yankee Atomics' 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-3 is modified as follows:
(1) The Yankee Atomic Electric Company Board 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 Yankee Atomic 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 Yankee Atomic Electric Company
under the direction of the President and CEO of Yankee Atomic Electric
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 Yankee Atomic Electric Company Board of Directors to the
President and CEO of Yankee Atomic Electric Company.
(4) The President and CEO of Yankee Atomic Electric 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 Yankee Atomic Electric Company that would enable them to
control the policy and practices of Yankee Atomic Electric Company in
the performance of its licensed activities, and shall not have
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access to classified information or safeguards information related to
the Yankee facility, or access to or custody of special nuclear
material related to the Yankee facility.
(6) Yankee Atomic Electric 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 Yankee Atomic Electric 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
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
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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.
Dated this 4th day of June 2012.
For the Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-14762 Filed 6-15-12; 8:45 am]
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