Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / Notices 63167
petitioner asserts that the proposed Dated at Arlington, Virginia this 4th day of information provided by the intelligence
alternative method would provide at October 2002. community, the Commission has
least the same measure of protection as Marvin W. Nichols, Jr., determined that certain compensatory
the existing standard. Director, Office of Standards, Regulations, measures are required to be
and Variances. implemented by licensees as prudent,
8. Remington Coal Company, Inc. [FR Doc. 02–25762 Filed 10–9–02; 8:45 am] interim measures, to address the current
[Docket No. M–2002–081–C] BILLING CODE 4510–43–P threat environment in a consistent
manner. Therefore, the Commission is
New River Engineering, Inc., 2971C imposing requirements, as set forth in
East DuPont Avenue, Shrewsbury, West Attachment 2 of this Order, on all
Virginia 25015, has filed a petition for NUCLEAR REGULATORY
COMMISSION licensees identified in Attachment 1 of
the Remington Coal Company, Inc., 430 this Order.1 These interim requirements,
Harper Park Drive, Beckley, West [Docket Nos: (Redacted), License Nos: which supplement existing regulatory
Virginia 25801, to modify the (Redacted), EA–XX–XXX (Redacted)] requirements, will provide the
application of 30 CFR 75.1700 (Oil and Commission with reasonable assurance
gas wells) to its Stockburg No. 1 Mine In the Matter of All Power Reactor that the common defense and security
(I.D. No. 46–08634) located in Kanawha Licensees, Research and Test Reactor continue to be adequately protected in
County, West Virginia. The petitioner Licensees, and Special Nuclear the current threat environment. These
proposes to plug and mine through oil Material Licensees Who Possess and requirements will remain in effect
and gas wells. The petitioner asserts that Ship Spent Nuclear Fuel; Order pending notification from the
the proposed alternative method would Modifying License (Effective Commission that a significant change in
provide at least the same measure of Immediately) the threat environment has occurred, or
protection as the existing standard. The licensees identified in the Commission determines that other
Attachment 1 to this Order have been changes are needed.
9. Debra Lynn Coals, Inc.
issued a specific license by the U.S. The Commission recognizes that
[Docket No. M–2002–083–C] Nuclear Regulatory Commission (NRC licensees may have already initiated
Debra Lynn Coals, Inc., P.O. Box 297, or Commission) authorizing the many of the measures set forth in
Grays Knob, Kentucky 40829 has filed a possession of spent nuclear fuel and a Attachment 2 to this Order in response
petition to modify the application of 30 general license authorizing the to previously issued Safeguards and
CFR 77.214 (Refuse piles; general) to its shipment of spent nuclear fuel [in a Threat Advisories or on their own. It is
Liggett Preparation Plant (I.D. No. 15– transportation package approved by the also recognized that some measures may
12428) located in Harlan County, Commission] in accordance with the not be possible or necessary for all
Kentucky. The petitioner requests a Atomic Energy Act of 1954, as amended, shipments of spent nuclear fuel, or may
and 10 CFR parts 50, 70 and 71. This need to be tailored to accommodate the
modification of the standards to allow
Order is being issued to all such licensees’ specific circumstances to
placement of refuse material over
licensees who ship spent nuclear fuel. achieve the intended objectives and
abandoned mine portals and associated
Commission regulations for shipment of avoid any unforeseen effect on the safe
mine workings. The petitioner proposes
spent nuclear fuel at 10 CFR 73.37(a) transport of spent nuclear fuel.
to construct a refuse pile over
abandoned underground mine works in require these licensees to maintain a Although the additional security
physical protection system that meets measures implemented by licensees in
the Harlan coal bed, and de-water rock
the requirements contained in 10 CFR response to the Safeguards and Threat
drains from two existing mine adits
73.37(b), (c), (d), and (e). Advisories have been adequate to
within the abandoned mine works. The
On September 11, 2001, terrorists provide reasonable assurance of
petitioner states that the massive
simultaneously attacked targets in New adequate protection of common defense
sandstone unit immediately above the
York, NY, and Washington, DC, and security, in light of the current
Harlan coal bed would prevent any
utilizing large commercial aircraft as threat environment, the Commission
adverse effects of mine subsidence on
weapons. In response to the attacks and concludes that the security measures
the refuse pile. The petitioner asserts
intelligence information subsequently must be embodied in an Order
that the proposed alternative method
obtained, the Commission issued a consistent with the established
would provide at least the same
number of Safeguards and Threat regulatory framework. In order to
measure of protection as the existing Advisories to its licensees in order to provide assurance that licensees are
standard. strengthen licensees’ capabilities and implementing prudent measures to
Request for Comments readiness to respond to a potential achieve a consistent level of protection
attack on a nuclear facility or regulated to address the current threat
Persons interested in these petitions activity. The Commission has also environment, all licenses identified in
are encouraged to submit comments via communicated with other Federal, State Attachment 1 to this Order shall be
e-mail to comments@msha.gov, or on a and local government agencies and modified to include the requirements
computer disk along with an original industry representatives to discuss and identified in Attachment 2 to this Order.
hard copy to the Office of Standards, evaluate the current threat environment In addition, pursuant to 10 CFR 2.202,
Regulations, and Variances, Mine Safety in order to assess the adequacy of I find that in light of the common
and Health Administration, 1100 security measures at licensed facilities. defense and security matters identified
Wilson Boulevard, Room 2352, In addition, the Commission has been above which warrant the issuance of
Arlington, Virginia 22209. All conducting a comprehensive review of this Order, the public health, safety, and
comments must be postmarked or its safeguards and security programs interest require that this Order be
received in that office on or before and requirements. immediately effective.
November 12, 2002. Copies of these As a result of its consideration of
petitions are available for inspection at current safeguards and security plan 1 Attachments 1 and 2 contain SAFEGUARDS
that address. requirements, as well as a review of Information and will not be released to the public.
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63168 Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / Notices
Accordingly, pursuant to Sections 53, 2. All Licensees shall report to the as applicable, U.S. Nuclear Regulatory
103, 104, 161b, 161i, 161o, 182 and 186 Commission when they have achieved Commission, Washington, DC 20555–
of the Atomic Energy Act of 1954, as full compliance with the requirements 0001, to the Assistant General Counsel
amended, and the Commission’s described in Attachment 2. for Materials Litigation and Enforcement
regulations in 10 CFR 2.202 and 10 CFR D. Notwithstanding any provisions of at the same address; to the Regional
parts 50, 70 and 71, It is hereby ordered, the Commission’s regulations to the Administrator for NRC Region I, II, III,
effective immediately, that all licenses contrary, all measures implemented or or IV, as appropriate for the specific
identified in Attachment 1 to this Order actions taken in response to this Order facility; and to the Licensee if the
are modified as follows: shall be maintained pending answer or hearing request is by a person
A. All Licensees shall, notification from the Commission that a other than the Licensee. Because of
notwithstanding the provisions of any significant change in the threat continuing disruptions in delivery of
Commission regulation or license to the environment has occurred, or the mail to United States Government
contrary, comply with the requirements Commission determines that other offices, it is requested that answers and
described in Attachment 2 to this Order changes are needed. requests for hearing be transmitted to
except to the extent that a more Licensee responses to Conditions B1, the Secretary of the Commission either
stringent requirement is set forth in the B2, C1, and C2 above, shall be by means of facsimile transmission to
Licensee’s security plan. The Licensees submitted to the NRC to the attention of 301–415–1101 or by e-mail to
shall immediately start implementation the Director, Office of Nuclear Reactor hearingdocket@nrc.gov, and also to the
of the requirements in Attachment 2 to Regulation or the Director, Office of Office of the General Counsel either by
the Order and shall complete Nuclear Material Safety and Safeguards, means of facsimile transmission to 301–
implementation by November 2, 2002, as applicable, under either 10 CFR 50.4, 415–3725 or by e-mail to
unless otherwise specified in 70.5. In addition, Licensee submittals OGCMailCenter@nrc.gov. If a person
Attachment 2, or before the licensee’s that contain Safeguards Information other than the Licensee requests a
next shipment, whichever is later. shall be properly marked and handled hearing, that person shall set forth with
in accordance with 10 CFR 73.21. particularity the manner in which his
B. 1. All Licensees shall, within The Director, Office of Nuclear
twenty (20) days of the date of this interest is adversely affected by this
Reactor Regulation, or the Director,
Order, notify the Commission, (1) if they Order and shall address the criteria set
Office of Nuclear Material Safety and
are unable to comply with any of the forth in 10 CFR 2.714(d).2
Safeguards, as applicable, may, in
requirements described in Attachment writing, relax or rescind any of the If a hearing is requested by the
2, (2) if compliance with any of the above conditions upon demonstration Licensee or a person whose interest is
requirements is unnecessary in their by the Licensee of good cause. adversely affected, the Commission will
specific circumstances, or (3) if In accordance with 10 CFR 2.202, the issue an Order designating the time and
implementation of any of the Licensee must, and any other person place of any hearing. If a hearing is held,
requirements would cause the Licensee adversely affected by this Order may, the issue to be considered at such
to be in violation of the provisions of submit an answer to this Order, and hearing shall be whether this Order
any Commission regulation or the may request a hearing on this Order, should be sustained.
facility license. The notification shall within twenty (20) days of the date of Pursuant to 10 CFR 2.202(c)(2)(i), the
provide the Licensee’s justification for this Order. Where good cause is shown, Licensee may, in addition to demanding
seeking relief from or variation of any consideration will be given to extending a hearing, at the time the answer is filed
specific requirement. the time to request a hearing. A request or sooner, move the presiding officer to
2. Any Licensee that considers that for extension of time in which to submit set aside the immediate effectiveness of
implementation of any of the an answer or request a hearing must be the Order on the ground that the Order,
requirements described in Attachment 2 made in writing to the Director, Office including the need for immediate
to this Order would adversely impact of Nuclear Reactor Regulation, or effectiveness, is not based on adequate
the safe transport of spent nuclear fuel Director, Office of Nuclear Material evidence but on mere suspicion,
must notify the Commission, within Safety and Safeguards, as applicable, unfounded allegations, or error.
twenty (20) days of this Order, of the U.S. Nuclear Regulatory Commission, In the absence of any request for
adverse safety impact, the basis for its Washington, DC 20555–0001, and hearing, or written approval of an
determination that the requirement has include a statement of good cause for extension of time in which to request a
an adverse safety impact, and either a the extension. The answer may consent hearing, the provisions specified in
proposal for achieving the same to this Order. Unless the answer Section III above shall be final twenty
objectives specified in the Attachment 2 consents to this Order, the answer shall, (20) days from the date of this Order
requirement in question, or a schedule in writing and under oath or without further order or proceedings. If
for modifying the activity to address the affirmation, specifically set forth the an extension of time for requesting a
adverse safety condition. If neither matters of fact and law on which the hearing has been approved, the
approach is appropriate, the Licensee Licensee or other person adversely provisions specified in Section III shall
must supplement its response to affected relies and the reasons as to why be final when the extension expires if a
Condition B1 of this Order to identify the Order should not have been issued. hearing request has not been received.
the condition as a requirement with Any answer or request for a hearing An answer or a request for hearing
which it cannot comply, with attendant shall be submitted to the Secretary, shall not stay the immediate
justifications as required in Condition Office of the Secretary of the effectiveness of this order.
B1. Commission, U.S. Nuclear Regulatory
C. 1. All Licensees shall, within Commission, Attn: Rulemakings and 2 The most recent version of Title 10 of the Code
twenty (20) days of the date of this Adjudications Staff, Washington, DC of Federal Regulations, published January 1, 2002,
Order, submit to the Commission a 20555–0001. Copies also shall be sent to inadvertently omitted the last sentence of 10 CFR
2.714 (d) and paragraphs (d)(1) and (d)(2) regarding
schedule for achieving compliance with the Director, Office of Nuclear Reactor petitions to intervene and contentions. For the
each requirement described in Regulation, or Director, Office of complete, corrected text of 10 CFR 2.714 (d), please
Attachment 2. Nuclear Material Safety and Safeguards, see 67 FR 20884; April 29, 2002.
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Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / Notices 63169
Dated at Rockville, Maryland, this 3rd day No. DPR–19 was extended on February by Order, and admitted that a violation
of October 2002. 20, 1991, for Dresden Nuclear Power of 10 CFR 50.7 had occurred. The
For the Nuclear Regulatory Commission. Station, Unit 2. Licenses No. NPF–11 corrective actions include, but are not
Samuel J. Collins, and NPF–18 were issued on April 17, limited to, counseling management
Director, Office of Nuclear Reactor 1982, and February 16, 1983, to operate personnel involved in the violation of
Regulation. LaSalle County Station, Units 1 and 2. 10 CFR 50.7, and training all vice-
Margaret Federline, Licenses No. NPF–39 and NPF–85 were presidents and plant managers
Duputy Director, Office of Nuclear Material issued on August 8, 1985, and August throughout the Licensees’ organization
Safety and Safeguards. 25, 1989, to operate the Limerick (at every nuclear station and at
[FR Doc. 02–25842 Filed 10–9–02; 8:45 am] Generating Station, Units 1 and 2. corporate headquarters) on the
BILLING CODE 7590–01–P
License No. DPR–16 was extended on provisions of the employee protection
July 2, 1991, for the Oyster Creek regulation. These individuals, in turn,
Nuclear Generating Station. License No. will train their subordinate managers.
NUCLEAR REGULATORY DPR–12 was issued on January 24, 1966, The Licensees will also modify
COMMISSION to operate Peach Bottom Atomic Power management training programs as
Station, Unit 1, which was shut down appropriate regarding the provisions of
[EA–02–124; Dockets Nos. 50–456; 50–457, on October 31, 1974, and is in safe 10 CFR 50.7.
50–454; 50–455, 50–461, 50–10; 50–237; 50– storage. Licenses No. DPR–44 and DPR– On September 27, 2002, the Licensees
249, 50–373; 50–374, 50–352; 50–353, 50– 56 were issued on October 25, 1973, and
219, 50–171: 50–277; 50–278, 50–254; 50– consented to issuance of this Order with
July 2, 1974, to operate Peach Bottom the commitments described in Section V
265, 50–289, 50–295; 50–304; Licenses Nos.
NPF–72; NPF–77, NPF–37; NPF–66, NPF–
Atomic Power Station, Units 2 & 3. below, waived any right to a hearing on
62, DPR–2; DPR–19; DPR–25, NPF–11; Licenses No. DPR–29 and DPR–30 were this Order, and agreed to all terms of
NPF–18, NPF–39; NPF–85, DPR–16, DPR– issued on December 14, 1972, for the this Order, including that it shall be
12; DPR–44; DPR–56, DPR–29; DPR–30, operation of both units at the Quad effective immediately.
DPR–50, DPR–39; DPR–48] Cities Nuclear Power Station, Units 1 I find that the Licensees’
and 2. License No. DPR–50 was issued commitments as set forth in Section V,
Exelon Generation Company, LLC and on April 19, 1974, to operate the Three below, are acceptable and necessary,
AmerGen Energy Company, LLC; Mile Island Nuclear Power Station, Unit and conclude that since Exelon
Braidwood Station, Units 1 & 2, Byron 1. Licenses No. DPR–39 and DPR–48 admitted the violation of 10 CFR 50.7
Station, Units 1 & 2, Clinton Power were issued on October 19, 1973, and and since the Licensees committed to
Station, Dresden Nuclear Power November 14, 1973, for operation of the taking comprehensive corrective actions
Station, Units 1, 2 & 3, LaSalle County Zion Nuclear Power Station, Units 1 and by implementing this Confirmatory
Station, Units 1 & 2, Limerick 2 (the Zion Station is currently in Order, the NRC staff’s concern regarding
Generating Station, Units 1 & 2, Oyster decommissioning). employee protection can be resolved
Creek Nuclear Generating Station, On January 29, 2001, the NRC Office
through confirmation of the Licensees’
Peach Bottom Atomic Power Station, of Investigations (OI) initiated an
commitments by this Order. I further
Units 1, 2 & 3, Quad Cities Nuclear investigation to determine if a former
find that the Licensees’ approach to
Power Station, Units 1 & 2, Three Mile Exelon employee performing work at
resolving this matter is salutary and
Island Nuclear Station, Unit 1, Zion the Byron Station had been
discriminated against for raising safety efficient, and that this resolution is in
Nuclear Power Station, Units 1 & 2;
concerns. In its Report No. 3–2001–005, the public interest. Accordingly, the
Confirmatory Order Modifying
issued March 26, 2002, OI concluded NRC staff exercises its enforcement
Licenses (Effective Immediately)
that an Exelon corporate manager discretion pursuant to Section VII.B.6 of
Exelon Generation Company, LLC deliberately discriminated against the the NRC Enforcement Policy and will
(Exelon) and AmerGen Energy former employee on August 25, 2000, in not issue Notices of Violation or a civil
Company, LLC (AmerGen) (Licensees) violation of the NRC regulations penalty in this case.
are the holders of twenty-one NRC prohibiting employment discrimination, Accordingly, pursuant to sections
Facility Operating Licenses issued by 10 CFR 50.7, ‘‘Employee Protection,’’ by 103, 104b, 161b, 161i, 161o, 182 and
the Nuclear Regulatory Commission not selecting the employee for a new 186 of the Atomic Energy Act of 1954,
(NRC or Commission) pursuant to 10 position. On June 17, 2002, the NRC as amended, and the Commission’s
CFR part 50, which authorizes the staff contacted Exelon management to regulations in 10 CFR 2.202 and 10 CFR
operation of the specifically named schedule a predecisional enforcement Part 50, it is hereby ordered, effective
facilities in accordance with the conference. To expedite resolution of immediately, that license Nos. NPF–72,
conditions specified in each license. this matter, Exelon requested the NPF–77, NPF–37, NPF–66, NPF–62,
Licenses No. NPF–72 and NPF–77 were opportunity to present a settlement DPR–2, DPR–19, DPR–25, NPF–11, NPF–
issued on July 2, 1987, and May 20, proposal to the NRC prior to a 18, NPF–39, NPF–85, DPR–16, DPR–12,
1988, to operate the Braidwood Station, predecisional enforcement conference. DPR–44, DPR–56, DPR–29, DPR–30,
Units 1 and 2. Licenses No. NPF–37 and The NRC staff agreed to this request. DPR–50, DPR–39, and DPR–48 are
NPF–66 were issued on February 14, Representatives of Exelon met with modified as follows:
1985, and January 30, 1987, to operate the NRC staff on July 2, July 18, July 30, 1. Exelon will counsel and coach
Byron Station, Units 1 and 2. License September 9 and September 11, 2002, to personnel involved in the violation of
No. NPF–62 was issued on April 17, discuss the terms of the Exelon 10 CFR 50.7, which occurred on August
1987 to operate the Clinton Power settlement proposal. In an August 5, 25, 2000, to emphasize the importance
Station. Licenses No. DPR–2 and DPR– 2002 letter, Exelon described the of a safety conscious work environment
25 were issued on September 28, 1959, proposed settlement and on September and provisions of 10 CFR 50.7. The
and January 12, 1971, to operate 27, 2002, the Licensees committed to a counseling will be conducted by a
Dresden Nuclear Power Station, Units 1 number of corrective actions with corporate Exelon executive not involved
and 3 (Dresden Station Unit 1 is respect to employee protection, agreed in the violation described herein and
currently in decommissioning). License to have the corrective actions confirmed who shall be senior to those counseled.
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