[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

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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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