NRC Requires More Protection at Nuclear Gaseous Diffusion Plants

1 July 2002
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

USEC Paducah and Portsmouth facilities: http://www.usec.com/v2001_02/HTML/facilities.asp


Paducah, KY, Gaseous Diffusion Plant
37N 06' 40"
88W 48' 34"
USGS photo 22 Nov 1998
TerraServer URL


Portsmouth, OH, Gaseous Diffusion Plant
38N 59' 48"
83W 00' 15"
USGS photo 23 Mar 1994
TerraServer URL

-------------------------------------------------------------------------

[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]
[Page 44242-44244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-112]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 070-7001, Certificates of Compliance, Paducah--GDP-1, EA-
02-108]


In the Matter of United States Enrichment Corp., Paducah Gaseous
Diffusion Plant, Paducah, KY, Order Modifying Certificate of Compliance
(Effective Immediately)

I

    United States Enrichment Corporation (USEC) holds Certificate of
Compliance GDP-1, issued by the U.S. Nuclear Regulatory Commission (NRC
or Commission) authorizing USEC 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 76.

II

    On September 11, 2001, terrorists simultaneously attacked targets
in New York, N.Y., 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 certificate and license holders
in order to strengthen certificate and license holders' capabilities
and readiness to respond to a potential attack on a nuclear facility.
The Commission has also communicated 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 regulated facilities. In addition, the
Commission has commenced 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 USEC as
prudent, interim measures to address the current

[[Page 44243]]

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 pending
notification from the Commission that a significant change in the
threat environment has occurred, or until the Commission determines
that other changes are needed following a comprehensive re-evaluation
of current safeguards and security programs.
---------------------------------------------------------------------------

    \1\ Attachment 1 contains classified information and will not be
released to the public.
---------------------------------------------------------------------------

    The Commission recognizes that some of the requirements set forth
in Attachment 1\2\ to this Order may already have been initiated by
USEC in response to previously issued advisories, or on its own. It is
also recognized that some measures may need to be tailored specifically
to accommodate the specific circumstances and characteristics existing
at USEC's facilities to achieve the intended objectives and avoid any
unforeseen effect on safe operation.
---------------------------------------------------------------------------

    \2\ To the extent that specific measures identified in
Attachment 1 to this Order require actions pertaining to the USEC'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.
---------------------------------------------------------------------------

    Although USEC's response to the Safeguards and Threat Advisories
has been adequate to provide reasonable assurance of adequate
protection of public health and safety, the Commission believes that
the response must be supplemented because of the current threat
environment. As a result, it is appropriate to require certain security
measures so that they are maintained within the established regulatory
framework. In order to provide assurance that USEC is implementing
prudent measures to achieve an adequate level of protection to address
the current threat environment, Certificates of Compliance GDP-1 shall
be modified to include the requirements identified in Attachment 1 to
this Order. In addition, pursuant to 10 CFR 2.202 and 76.70, 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 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 76, it is hereby ordered,
effective immediately, that Certificate of Compliance GDP-1 is modified
as follows:
    A. USEC shall, notwithstanding the provisions of any Commission
regulation or certificate to the contrary, comply with the requirements
described in Attachment 1 to this Order. USEC 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 November 29, 2002.
    B. 1. USEC 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 USEC to be
in violation of the provisions of any Commission regulation or its
facility certificates. The notification shall provide USEC's
justification for seeking relief from or variation of any specific
requirement.
    2. If USEC considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact safe
operation of its facilities, USEC 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, USEC 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. USEC 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. USEC 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 pending notification from the Commission
that a significant change in the threat environment has occurred, or
until the Commission determines that other changes are needed following
a comprehensive re-evaluation of current safeguards and security
programs.
    USEC's responses to Conditions B.1, B.2, C.1, and C.2, above shall
be submitted in accordance with 10 CFR 76.5. In addition, USEC's
submittals that contain classified information shall be properly marked
and handled in accordance with 10 CFR 95.39.
    The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, modify, relax or rescind any of the above conditions
upon demonstration by USEC of good cause.

IV

    In accordance with 10 CFR 2.202 and 76.70, USEC 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 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 USEC 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, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of Nuclear
Material Safety and Safeguards, and the Director, Office of
Enforcement, 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 III, 801 Warrenville Road, Lisle, Illinois 60532, and to USEC if
the answer or hearing request is by a person other than USEC. If a
person other than USEC requests a hearing, that person

[[Page 44244]]

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).
    If a hearing is requested by USEC 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) and 76.70(c)(3), USEC, may, in
addition to demanding a hearing, at the time the answer is filed or
sooner, move 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 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.

    For the Nuclear Regulatory Commission.

    Dated this 17th day of June, 2002.

Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-16452 Filed 6-28-02; 8:45 am]
BILLING CODE 7590-01-P



[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]
[Page 44244-44245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-113]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 070-7002, Certificates of Compliance, Portsmouth--GDP-2,
EA-02-108]


Order Modifying Certificate of Compliance (Effective Immediately)

    In the Matter of United States Enrichment Corp., Portsmouth
Gaseous Diffusion Plant, Portsmouth Ohio.

I

    United States Enrichment Corporation (USEC) holds Certificate of
Compliance GDP-2, issued by the U.S. Nuclear Regulatory Commission (NRC
or Commission) authorizing USEC 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 76.

II

    On September 11, 2001, terrorists simultaneously attacked targets
in New York, N.Y., 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 certificate and license holders
in order to strengthen certificate and license holders' capabilities
and readiness to respond to a potential attack on a nuclear facility.
The Commission has also communicated 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 regulated facilities. In addition, the
Commission has commenced 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 USEC 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 pending notification from the
Commission that a significant change in the threat environment has
occurred, or until the Commission determines that other changes are
needed following a comprehensive re-evaluation of current safeguards
and security programs.
---------------------------------------------------------------------------

    \1\ Attachment 1 contains classified information and will not be
released to the public.
---------------------------------------------------------------------------

    The Commission recognizes that some of the requirements set forth
in Attachment 1\2\ to this Order may already have been initiated by
USEC 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 USEC's facilities to achieve the intended objectives and
avoid any unforeseen effect on safe operation.
---------------------------------------------------------------------------

    \2\ To the extent that specific measures identified in
Attachment 1 to this Order require actions pertaining to the USEC'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.
---------------------------------------------------------------------------

    Although USEC's response to the Safeguards and Threat Advisories
has been adequate to provide reasonable assurance of adequate
protection of public health and safety, the Commission believes that
the response must be supplemented because of the current threat
environment. As a result, it is appropriate to require certain security
measures so that they are maintained within the established regulatory
framework. In order to provide assurance that USEC is implementing
prudent measures to achieve an adequate level of protection to address
the current threat environment, Certificates of Compliance GDP-2 shall
be modified to include the requirements identified in Attachment 1 to
this Order. In addition, pursuant to 10 CFR 2.202 and 76.70, 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 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 76, it is hereby ordered,
effective immediately, that Certificate of Compliance GDP 2 is modified
as follows:
    A. USEC shall, notwithstanding the provisions of any Commission
regulation or certificate to the contrary, comply with the requirements
described in Attachment 1 to this Order. USEC shall immediately start
implementation of the requirements in Attachment 1 to the Order and
shall complete implementation, no later than November 29, 2002.
    B. 1. USEC 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 USEC to be
in violation of the provisions of any Commission regulation or its
facility certificates. The notification shall provide USEC's
justification for seeking

[[Page 44245]]

relief from or variation of any specific requirement.
    2. If USEC considers that implementation of any of the requirements
described in Attachment 1 to this Order would adversely impact safe
operation of its facilities, USEC 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, USEC 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. USEC 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. USEC 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 pending notification from the Commission
that a significant change in the threat environment has occurred, or
until the Commission determines that other changes are needed following
a comprehensive re-evaluation of current safeguards and security
programs.
    USEC's responses to Conditions B.1, B.2, C.1, and C.2, above shall
be submitted in accordance with 10 CFR 76.5. In addition, USEC's
submittals that contain classified information shall be properly marked
and handled in accordance with 10 CFR 95.39.
    The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, modify, relax or rescind any of the above conditions
upon demonstration by USEC of good cause.

IV

    In accordance with 10 CFR 2.202 and 76.70, USEC 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 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 USEC 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, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of Nuclear
Material Safety and Safeguards, and the Director, Office of
Enforcement, 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 III, 801 Warrenville Road, Lisle, Illinois 60532, and to USEC if
the answer or hearing request is by a person other than USEC. If a
person other than USEC 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).
    If a hearing is requested by USEC 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) and 76.70(c)(3), USEC, may, in
addition to demanding a hearing, at the time the answer is filed or
sooner, move 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 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.

    For the Nuclear Regulatory Commission.

    Dated this 17th day of June, 2002.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-16453 Filed 6-28-02; 8:45 am]
BILLING CODE 7590-01-P



[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]               
[Page 44245-44246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-114]                         

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-277 AND 50-278]

 
Exelon Generation Company, LLC; PSEG Nuclear, LLC; Notice of 
Availability of the Draft Supplement 10 to the Generic Environmental 
Impact Statement and Public Meeting for the License Renewal of Peach 
Bottom Atomic Power Station, Units 2 and 3

    Notice is hereby given that the U. S. Nuclear Regulatory Commission 
(the Commission) has published a draft plant-specific supplement to the 
Generic Environmental Impact Statement (GEIS), NUREG-1437, regarding 
the renewal of operating licenses DRP-44 and DRP-56 for an additional 
20 years of operation at Peach Bottom Atomic Power Station, Units 2 and 
3. Peach Bottom Atomic Power Station is located primarily in Peach 
Bottom Township, York County, Pennsylvania. Possible alternatives to 
the proposed action (license renewal) include no action and reasonable 
alternative energy sources.
    The draft supplement to the GEIS is available electronically for 
public inspection in the NRC Public Document Room located at One White 
Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 
or from the Publicly Available Records (PARS) component of NRC's 
document system (ADAMS). ADAMS is accessible from the NRC Web site at 
http://www.nrc.gov/reading-rm.html (the Public Electronic Reading 
Room). If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, or 301-415-4737, 
or by e-mail to pdr@nrc.gov. In addition, the Collinsville Community 
Library in Brogue, Pennsylvania, the Quarryville Library in 
Quarryville, Pennsylvania and the Whiteford Branch Library in 
Whiteford, Maryland, have agreed to make the draft supplement to the 
GEIS available for public inspection.
    Any interested party may submit comments on the draft supplement to

[[Page 44246]]

the GEIS for consideration by the NRC staff. To be certain of 
consideration, comments on the draft supplement to the GEIS and the 
proposed action must be received by September 18, 2002. Comments 
received after the due date will be considered if it is practical to do 
so, but the NRC staff is able to assure consideration only for comments 
received on or before this date. Written comments on the draft 
supplement to the GEIS should be sent to: Chief, Rules and Directives 
Branch, Division of Administrative Services, Office of Administration, 
Mail Stop T-6D 59, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    Comments may be hand-delivered to the NRC at 11545 Rockville Pike, 
Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal 
workdays. Electronic comments may be submitted to the NRC by the 
Internet at Peach--Bottom--EIS@nrc.gov. All comments received by the 
Commission, including those made by Federal, State, and local agencies, 
Indian tribes, or other interested persons, will be made available 
electronically at the Commission's Public Document Room in Rockville, 
Maryland and from the Publicly Available Records (PARS) component of 
NRC's document system (ADAMS).
    The NRC staff will hold a public meeting to present an overview of 
the draft plant-specific supplement to the GEIS and to accept public 
comments on the document. The public meeting will be held at the Peach 
Bottom Inn, 6085 Delta Road, Delta, Pennsylvania, on July 31, 2002. 
There will be two sessions to accommodate interested parties. The first 
session will commence at 1:30 p.m. and will continue until 4:30 p.m. 
The second session will commence at 7 p.m. and will continue until 10 
p.m. Both meetings will be transcribed and will include (1) a 
presentation of the contents of the draft plant-specific supplement to 
the GEIS, and (2) the opportunity for interested government agencies, 
organizations, and individuals to provide comments on the draft report. 
Additionally, the NRC staff will host informal discussions one hour 
prior to the start of each session at the Peach Bottom Inn. No comments 
on the proposed draft supplement to the GEIS will be accepted during 
the informal discussions. To be considered, comments must be provided 
either at the transcribed public meetings, or in writing as discussed 
above. Persons may pre-register to attend or present oral comments at 
the meeting by contacting Mr. Duke Wheeler by telephone at 1-800-368-
5642, extension 1444, or by Internet to the NRC at Peach--Bottom--
EIS@nrc.gov no later than July 24, 2002. Members of the public may also 
register to provide oral comments within 15 minutes of the start of 
each session. Individual oral comments may be limited by the time 
available, depending on the number of persons who register. If special 
equipment or accommodations are needed to attend or present information 
at the public meeting, the need should be brought to Mr. Wheeler's 
attention no later than July 24, 2002, to provide the NRC staff 
adequate notice to determine whether the request can be accommodated.

FOR FURTHER INFORMATION, CONTACT: Mr. Duke Wheeler, License Renewal and 
Environmental Impacts Program, Division of Regulatory Improvement 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Mr. 
Wheeler may also be contacted at the aforementioned telephone number or 
e-mail address.

    Dated at Rockville, Maryland, this 24th day of June 2002.
    For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and Environmental Impacts, Division 
of Regulatory Improvement Programs, Office of Nuclear Reactor 
Regulation.
[FR Doc. 02-16451 Filed 6-28-02; 8:45 am]
BILLING CODE 7590-01-P