80 FR 53588 - In the Matter of BWXT Nuclear Operations Group, Inc.
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 172 (September 4, 2015)
Federal Register Volume 80, Issue 172 (September 4, 2015)
| Page Range | 53588-53591 | |
| FR Document | 2015-21937 |
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)] [Notices] [Pages 53588-53591] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21937] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [EA-15-006; NRC-2015-0201] In the Matter of BWXT Nuclear Operations Group, Inc. AGENCY: Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order to BWXT Nuclear Operations Group, Inc. (BWXT NOG), confirming a modification to the license issued on August 10, 2015. In issuing the Order, BWXT NOG must comply with the measures detailed in Section IV of the Order. This Order is effective 20 days after the date it is issued. DATES: The confirmatory order was signed August 10, 2015. ADDRESSES: Please refer to Docket ID NRC-2015-0201 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0201. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; [[Page 53589]] email: [email protected]. For questions about this Order, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may access publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Merritt Baker, telephone: 301-415- 7119, email [email protected], Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 27th day of August, 2015. For the Nuclear Regulatory Commission. Craig Erlanger, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards. Attachment--CONFIRMATORY ORDER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of BWXT Nuclear operations Group, Inc.; Lynchburg, Virginia [Docket No. 70-27; License No. SNM-42] EA-2015-006 Confirmatory Order I. BWXT Nuclear Operations Group, Inc. (BWXT NOG or the licensee) is the operator of the BWXT Nuclear Operations Group-Lynchburg facility (BWXT NOG or the facility), and holder of License No. SNM-42 and Docket No.70-27 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) under Title 10, ``Energy,'' of the Code of Federal Regulations (10 CFR) Part 70, ``Domestic Licensing of Special Nuclear Material.'' The license authorizes the operation of the facility with the conditions specified therein. The facility is located on the licensee's site in Campbell County, Virginia. II. By application dated April 24, 2014, as supplemented by letters dated December 16, 2013, and July 25, 2014, BWXT NOG requested preemption authority, pursuant to Commission Order EA-13-092, under the provisions of Section 161A of the Atomic Energy Act of 1954, as amended. Section 161A confers on the Commission the authority to permit a licensee's security personnel to transfer, receive, possess, transport, import, and use certain firearms, ammunition or devices, notwithstanding local, State, and certain Federal firearms laws, including regulations, that may prohibit such conduct. Upon review of the BWXT NOG application for Commission authorization to use Section 161A at BWXT NOG-L, the NRC staff has found the following: (1) The BWXT NOG application complies with the standards and requirements of Section 161A and the Commission's rules and regulations set forth in 10 CFR part 73, ``Physical Protection of Plants and Materials''; (2) There is reasonable assurance that the facility will operate in conformance with the application; the provisions of the Atomic Energy Act of 1954, as amended; and the rules and regulations of the Commission; (3) There is reasonable assurance that the activities permitted by the Commission authorization to use Section 161A preemption authority is consistent with the protection of public health and safety, and that such activities will be conducted in compliance with the Commission's regulations and the requirements of this Confirmatory Order; (4) The issuance of Commission authorization to use Section 161A preemption authority will not be inimical to the common defense and security or to the health and safety of the public; and (5) The issuance of this Commission authorization to use Section 161A preemption authority will be in accordance with the Commission's regulations in 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.'' The findings, set forth above, are supported by an NRC staff technical evaluation under Accession Number ML15044A450. III. To carry out the statutory authority discussed above, the Commission has determined that the license for BWXT NOG-L must be modified to include provisions with respect to the Commission authorization to use Section 161A preemption authority as identified in Section II of this Confirmatory Order. The requirements needed to exercise the foregoing are set forth in Section IV below. The NRC staff has found that the license modifications set forth in Section IV are acceptable and necessary. It further concluded that, with the effective implementation of these provisions, the licensee's physical protection program will meet the specific physical protection program requirements set forth in 10 CFR 73.45, ``Performance Capabilities for Fixed Site Physical Protection Systems''; in 10 CFR 73.46, ``Fixed Site Physical Protection Systems, Subsystems, Components, and Procedures'' (for facilities handling Category I special nuclear material). On January 29, 2015, BWXT NOG consented to the issuance of this Order. The licensee further agreed that this Order will be effective 20 days after the date of issuance and that it has waived its right to a hearing on this Order. IV Accordingly, under Sections 53, 103 and/or 104b, 161b, 161i, 161o, 161A, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, ``Orders'' and 10 CFR part 70, IT IS HEREBY ORDERED that: 1. The BWXT NOG application for Commission authorization to use Section 161A preemption authority at B&W NOG is approved. This authorization does not grant B&W NOG authority to use enhanced weapons. 2. In accordance with 10 CFR part 73, the licensee shall review and revise its NRC-approved security plans or procedures, as necessary, to describe how the requirements of this Confirmatory Order will be met. 3. The licensee shall establish and maintain a program consistent with Commission Order EA-13-092 such that all security personnel who require access to firearms in the discharge of their official duties are subject to a firearms background check. The Commission is engaged in an ongoing rulemaking to implement the Commission's authority under Section [[Page 53590]] 161A. On the effective date of that final rulemaking, the Commission may take action to relax or rescind any or all of the requirements set forth in this Confirmatory Order. The Director, Office of Nuclear Material Safety and Safeguards may, in writing, relax or rescind this Confirmatory Order upon demonstration by the licensee of good cause. This Confirmatory Order is effective 20 days after the date of its issuance. For further details with respect to this Confirmatory Order, see the staff's technical evaluation dated January 29, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15044A450), which is available for public inspection, at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by email to [email protected]. In accordance with 10 CFR 2.202, any other person adversely affected by this Order may submit an answer to this Order within 20 days of its publication in the Federal Register. In addition, any other person adversely affected by this Order may request a hearing on this Order within 20 days of its publication in the Federal Register. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension. If a hearing is requested by a person whose interest is adversely affected, 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 (published at 72 FR 49139 on 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, the participant should contact the Office of the Secretary (at least 10 days before the filing deadline) by email to [email protected], or by telephone at (301) 415-1677, to: (1) request a digital ID certificate, which allows the participants (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 [email protected], 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 [[Page 53591]] 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://ehd.nrc.gov/EHD_Proceeding/home.asp, 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. 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 criteria set forth in 10 CFR paragraphs 2.309(d) and (f). 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 IV 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 IV shall be final when the extension expires if a hearing request has not been received. Dated at Rockville, Maryland this 10th day of August, 2015. For the Nuclear Regulatory Commission. Catherine Haney, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2015-21937 Filed 9-3-15; 8:45 am] BILLING CODE 7590-01-P
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server for any proceeding in which it is notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded
participating; and (2) advise the document to the NRC’s Office of the pursuant to an order of the Commission,
Secretary that the participant will be General Counsel and any others who or the presiding officer. Participants are
submitting a request or petition for have advised the Office of the Secretary requested not to include personal
hearing (even in instances in which the that they wish to participate in the privacy information, such as social
participant, or its counsel or proceeding, so that the filer need not security numbers, home addresses, or
representative, already holds an NRC- serve the documents on those home phone numbers in their filings,
issued digital ID certificate). Based upon participants separately. Therefore, unless an NRC regulation or other law
this information, the Secretary will applicants and other participants (or requires submission of such
establish an electronic docket for the their counsel or representative) must information. However, a request to
hearing in this proceeding if the apply for and receive a digital ID intervene will require including
Secretary has not already established an certificate before a hearing request/ information on local residence in order
electronic docket. petition to intervene is filed so that they to demonstrate a proximity assertion of
Information about applying for a can obtain access to the document via interest in the proceeding. With respect
digital ID certificate is available on the the E-Filing system. to copyrighted works, except for limited
NRC’s public Web site at http:// A person filing electronically using excerpts that serve the purpose of the
www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system adjudicatory filings and would
getting-started.html. System may seek assistance by contacting the constitute a Fair Use application,
requirements for accessing the E- NRC Meta System Help Desk through participants are requested not to include
Submittal server are detailed in the the ‘‘Contact Us’’ link located on the copyrighted materials in their
NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// submission.
Submission,’’ which is available on the www.nrc.gov/site-help/e-
Dated at Rockville, Maryland, this 25th day
agency’s public Web site at http:// submittals.html, by email to
of August 2015.
www.nrc.gov/site-help/e- MSHD.Resource@nrc.gov, or by a toll-
submittals.html. Participants may free call at 1–866–672–7640. The NRC For the Nuclear Regulatory Commission.
attempt to use other software not listed Meta System Help Desk is available Andrew Persinko,
on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern Deputy Director, Division of
NRC’s E-Filing system does not support Time, Monday through Friday, Decommissioning, Uranium Recovery, and
unlisted software, and the NRC Meta excluding government holidays. Waste Programs, Office of Nuclear Material
Participants who believe that they Safety and Safeguards.
System Help Desk will not be able to
offer assistance in using unlisted have a good cause for not submitting [FR Doc. 2015–21933 Filed 9–3–15; 8:45 am]
software. documents electronically must file an BILLING CODE 7590–01–P
If a participant is electronically exemption request, in accordance with
submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper
accordance with the E-Filing rule, the filing requesting authorization to NUCLEAR REGULATORY
participant must file the document continue to submit documents in paper COMMISSION
using the NRC’s online, Web-based format. Such filings must be submitted [EA–15–006; NRC–2015–0201]
submission form. In order to serve by: (1) first class mail addressed to the
documents through the Electronic Office of the Secretary of the In the Matter of BWXT Nuclear
Information Exchange System, users Commission, U.S. Nuclear Regulatory Operations Group, Inc.
will be required to install a Web Commission, Washington, DC 20555–
browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and AGENCY: Nuclear Regulatory
site. Further information on the Web- Adjudications Staff; or (2) courier, Commission.
based submission form, including the express mail, or expedited delivery ACTION: Confirmatory order; issuance.
installation of the Web browser plug-in, service to the Office of the Secretary,
SUMMARY: The U.S. Nuclear Regulatory
is available on the NRC’s public Web Sixteenth Floor, One White Flint North,
Commission (NRC) is issuing a
site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville,
confirmatory order to BWXT Nuclear
submittals.html. Maryland, 20852, Attention:
Once a participant has obtained a Operations Group, Inc. (BWXT NOG),
Rulemaking and Adjudications Staff.
digital ID certificate and a docket has confirming a modification to the license
Participants filing a document in this
been created, the participant can then issued on August 10, 2015. In issuing
manner are responsible for serving the
submit a request for hearing or petition the Order, BWXT NOG must comply
document on all other participants.
for leave to intervene. Submissions Filing is considered complete by first- with the measures detailed in Section IV
should be in Portable Document Format class mail as of the time of deposit in of the Order. This Order is effective 20
(PDF) in accordance with NRC guidance the mail, or by courier, express mail, or days after the date it is issued.
available on the NRC’s public Web site expedited delivery service upon DATES: The confirmatory order was
at http://www.nrc.gov/site-help/e- depositing the document with the signed August 10, 2015.
submittals.html. A filing is considered provider of the service. A presiding ADDRESSES: Please refer to Docket ID
complete at the time the documents are officer, having granted an exemption NRC–2015–0201 when contacting the
submitted through the NRC’s E-Filing request from using E-Filing, may require NRC about the availability of
system. To be timely, an electronic a participant or party to use E-Filing if information regarding this document.
mstockstill on DSK4VPTVN1PROD with NOTICES
filing must be submitted to the E-Filing the presiding officer subsequently You may obtain publicly-available
system no later than 11:59 p.m. Eastern determines that the reason for granting information related to this action by the
Time on the due date. Upon receipt of the exemption from use of E-Filing no following methods:
a transmission, the E-Filing system longer exists. • Federal Rulemaking Web site: Go to
time-stamps the document and sends Documents submitted in adjudicatory http://www.regulations.gov and search
the submitter an email notice proceedings will appear in the NRC’s for Docket ID NRC–2015–0201. Address
confirming receipt of the document. The electronic hearing docket which is questions about NRC dockets to Carol
E-Filing system also distributes an email available to the public at http:// Gallagher; telephone: 301–415–3463;
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email: Carol.Gallagher@nrc.gov. For Regulatory Commission (NRC or The findings, set forth above, are
questions about this Order, contact the Commission) under Title 10, ‘‘Energy,’’ supported by an NRC staff technical
individual listed in the FOR FURTHER of the Code of Federal Regulations (10 evaluation under Accession Number
INFORMATION CONTACT section of this CFR) Part 70, ‘‘Domestic Licensing of ML15044A450.
document. Special Nuclear Material.’’ The license
• NRC’s Agencywide Documents III.
authorizes the operation of the facility
Access and Management System with the conditions specified therein. To carry out the statutory authority
(ADAMS): You may access publicly- The facility is located on the licensee’s discussed above, the Commission has
available documents online in the site in Campbell County, Virginia. determined that the license for BWXT
ADAMS Public Documents collection at NOG–L must be modified to include
http://www.nrc.gov/reading-rm/ II. provisions with respect to the
adams.html. To begin the search, select By application dated April 24, 2014, Commission authorization to use
‘‘ADAMS Public Documents’’ and then as supplemented by letters dated Section 161A preemption authority as
select ‘‘Begin Web-based ADAMS December 16, 2013, and July 25, 2014, identified in Section II of this
Search.’’ For problems with ADAMS, BWXT NOG requested preemption Confirmatory Order. The requirements
please contact the NRC’s Public authority, pursuant to Commission needed to exercise the foregoing are set
Document Room (PDR) reference staff at Order EA–13–092, under the provisions forth in Section IV below.
1–800–397–4209, 301–415–4737, or by of Section 161A of the Atomic Energy The NRC staff has found that the
email to pdr.resource@nrc.gov. The Act of 1954, as amended. Section 161A license modifications set forth in
ADAMS accession number for each confers on the Commission the Section IV are acceptable and necessary.
document referenced (if that document authority to permit a licensee’s security It further concluded that, with the
is available in ADAMS) is provided the personnel to transfer, receive, possess, effective implementation of these
first time that a document is referenced. transport, import, and use certain provisions, the licensee’s physical
• NRC’s PDR: You may examine and firearms, ammunition or devices, protection program will meet the
purchase copies of public documents at notwithstanding local, State, and certain specific physical protection program
the NRC’s PDR, Room O1–F21, One Federal firearms laws, including requirements set forth in 10 CFR 73.45,
White Flint North, 11555 Rockville regulations, that may prohibit such ‘‘Performance Capabilities for Fixed Site
Pike, Rockville, Maryland 20852. conduct. Physical Protection Systems’’; in 10 CFR
FOR FURTHER INFORMATION CONTACT: Upon review of the BWXT NOG 73.46, ‘‘Fixed Site Physical Protection
Merritt Baker, telephone: 301–415– application for Commission Systems, Subsystems, Components, and
7119, email Merritt.Baker@nrc.gov, authorization to use Section 161A at Procedures’’ (for facilities handling
Office of Nuclear Material Safety and BWXT NOG–L, the NRC staff has found Category I special nuclear material).
Safeguards, U.S. Nuclear Regulatory the following: On January 29, 2015, BWXT NOG
Commission, Washington, DC 20555– (1) The BWXT NOG application consented to the issuance of this Order.
0001. complies with the standards and The licensee further agreed that this
requirements of Section 161A and the Order will be effective 20 days after the
SUPPLEMENTARY INFORMATION: The text of
Commission’s rules and regulations set date of issuance and that it has waived
the Order is attached.
forth in 10 CFR part 73, ‘‘Physical its right to a hearing on this Order.
Dated at Rockville, Maryland, this 27th day Protection of Plants and Materials’’;
of August, 2015. (2) There is reasonable assurance that IV
For the Nuclear Regulatory Commission. the facility will operate in conformance Accordingly, under Sections 53, 103
Craig Erlanger, with the application; the provisions of and/or 104b, 161b, 161i, 161o, 161A,
Deputy Director, Division of Fuel Cycle Safety, the Atomic Energy Act of 1954, as 182, and 186 of the Atomic Energy Act
Safeguards, and Environmental Review Office amended; and the rules and regulations of 1954, as amended, and the
of Nuclear Material Safety and Safeguards. of the Commission; Commission’s regulations in 10 CFR
Attachment—CONFIRMATORY (3) There is reasonable assurance that 2.202, ‘‘Orders’’ and 10 CFR part 70, IT
ORDER the activities permitted by the IS HEREBY ORDERED that:
Commission authorization to use 1. The BWXT NOG application for
UNITED STATES OF AMERICA Section 161A preemption authority is Commission authorization to use
NUCLEAR REGULATORY consistent with the protection of public Section 161A preemption authority at
COMMISSION health and safety, and that such B&W NOG is approved. This
activities will be conducted in authorization does not grant B&W NOG
In the Matter of BWXT Nuclear
compliance with the Commission’s authority to use enhanced weapons.
operations Group, Inc.; 2. In accordance with 10 CFR part 73,
regulations and the requirements of this
Lynchburg, Virginia Confirmatory Order; the licensee shall review and revise its
[Docket No. 70–27; License No. SNM– (4) The issuance of Commission NRC-approved security plans or
42] authorization to use Section 161A procedures, as necessary, to describe
preemption authority will not be how the requirements of this
EA–2015–006 inimical to the common defense and Confirmatory Order will be met.
Confirmatory Order security or to the health and safety of 3. The licensee shall establish and
the public; and maintain a program consistent with
I.
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(5) The issuance of this Commission Commission Order EA–13–092 such
BWXT Nuclear Operations Group, authorization to use Section 161A that all security personnel who require
Inc. (BWXT NOG or the licensee) is the preemption authority will be in access to firearms in the discharge of
operator of the BWXT Nuclear accordance with the Commission’s their official duties are subject to a
Operations Group-Lynchburg facility regulations in 10 CFR part 51, firearms background check.
(BWXT NOG or the facility), and holder ‘‘Environmental Protection Regulations The Commission is engaged in an
of License No. SNM–42 and Docket for Domestic Licensing and Related ongoing rulemaking to implement the
No.70–27 issued by the U.S. Nuclear Regulatory Functions.’’ Commission’s authority under Section
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and Adjudications Staff. Participants NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: Notice is
filing a document in this manner are COMMISSION hereby given that the Director of the
responsible for serving the document on Office of Nuclear Reactor Regulation has
[Docket Nos. 50–338 and 50–339; NRC–
all other participants. Filing is 2012–0258; License Nos.: NPF–4 and NPF–
issued a Director’s Decision with regard
considered complete by first-class mail 7] to a petition dated October 20, 2011
as of the time of deposit in the mail, or (ADAMS Accession No. ML11293A116),
by courier, express mail, or expedited North Anna Power Station, Units 1 and filed by the petitioners. The petition
delivery service upon depositing the 2; Virginia Electric and Power was supplemented on November 2, 2011
document with the provider of the Company (ADAMS Accession No. ML11308A027)
service. A presiding officer, having and December 15, 2011 (ADAMS
AGENCY: Nuclear Regulatory Accession No. ML12060A197). The
granted an exemption request from Commission.
using E-Filing, may require a participant petition concerns the operation of the
ACTION: Director’s Decision under 10 North Anna Power Station, Units 1 and
or party to use E-Filing if the presiding CFR 2.206; issuance. 2 (North Anna 1 and 2), by the Virginia
officer subsequently determines that the
SUMMARY: The U.S. Nuclear Regulatory Electric and Power Company (VEPCO or
reason for granting the exemption from the licensee). The petition requested
use of E-Filing no longer exists. Commission (NRC or the Commission)
is giving notice that the Director of the that the NRC suspend the operating
Documents submitted in adjudicatory Office of Nuclear Reactor Regulation has licenses for North Anna 1 and 2, until
proceedings will appear in NRC’s issued a final Director’s Decision with the completion of a set of activities
electronic hearing docket, which is regard to a petition dated October 20, described in the petition. The petitioner
available to the public at http:// 2011, filed by Paul Gunter et al, herein also requested that a public meeting be
ehd.nrc.gov/EHD_Proceeding/home.asp, referred to as ‘‘the petitioners.’’ held to discuss this matter in the
unless excluded pursuant to an order of DATES: September 4, 2015. Washington, DC area.
the Commission, or the presiding ADDRESSES: Please refer to Docket ID
As the basis for the October 20, 2011,
officer. Participants are requested not to NRC–2012–0258 when contacting the request, the petitioner raised several
include personal privacy information, NRC about the availability of concerns, of which 12 were accepted for
such as social security numbers, home information regarding this document. review by the NRC staff by letter dated
addresses, or home phone numbers in You may obtain publicly-available March 16, 2012 (ADAMS Accession No.
their filings, unless an NRC regulation information related to this document ML12060A090). These summarized as
or other law requires submission of such using any of the following methods: follows:
information. With respect to • Federal Rulemaking Web site: Go to (1) Prior to the approval of restart for
copyrighted works, except for limited http://www.regulations.gov and search North Anna 1 and 2, after the
for Docket ID NRC–2012–0258. Address earthquake of August 23, 2011, Virginia
excerpts that serve the purpose of the
questions about NRC dockets to Carol Electric and Power Company (the
adjudicatory filings and would
Gallagher; telephone: 301–415–3463; licensee) should be required to obtain a
constitute a Fair Use application, license amendment from the NRC that
participants are requested not to include email: Carol.Gallagher@nrc.gov. For
technical questions, contact the reanalyzes and reevaluates the plant’s
copyrighted materials in their design basis for earthquakes and for
individual listed in the FOR FURTHER
submission. associated necessary retrofits.
INFORMATION CONTACT section of this
If a person other than the licensee document. (2) Prior to the approval of restart for
requests a hearing, that person shall set • NRC’s Agencywide Documents North Anna 1 and 2, after the
forth with particularity the manner in Access and Management System earthquake of August 23, 2011, the
which his interest is adversely affected (ADAMS): You may access publicly licensee should be required to ensure
by this Order and shall address the available documents online in the NRC that North Anna 1 and 2, are subjected
criteria set forth in 10 CFR paragraphs Library at http://www.nrc.gov/reading- to thorough inspections of the same
2.309(d) and (f). rm/adams.html. To begin the search, level and rigor.
select ‘‘ADAMS Public Documents’’ and (3) The licensee should be required to
In the absence of any request for
then select ‘‘Begin Web-based ADAMS reanalyze and reevaluate the North
hearing, or written approval of an
Search.’’ For problems with ADAMS, Anna Independent Spent Fuel Storage
extension of time in which to request a Installation (lSFSI) due to damage
please contact the NRC’s Public
hearing, the provisions specified in Document Room (PDR) reference staff at caused by the earthquake of August 23,
Section IV above shall be final 20 days 1–800–397–4209, 301–415–4737, or by 2011, and ensure that no threat is posed
from the date of this Order without email to PDR.Resource@nrc.gov. The to public health and safety by its
further order or proceedings. If an ADAMS accession number for each operation.
extension of time for requesting a document (if that document is available (4) The licensee should ensure the
hearing has been approved, the in ADAMS) is provided the first time reliability and accuracy of the seismic
provisions specified in Section IV shall that a document is referenced. instrumentation at North Anna 1 and 2.
be final when the extension expires if a • NRC’s PDR: You may examine and (5) The NRC staff made hasty
hearing request has not been received. purchase copies of public documents at decisions about the restart of North
Dated at Rockville, Maryland this 10th day of the NRC’s PDR, Room O1–F21, One Anna 1 and 2, and gave priority to
White Flint North, 11555 Rockville
mstockstill on DSK4VPTVN1PROD with NOTICES
August, 2015. economic considerations. The long-term
For the Nuclear Regulatory Commission.
Pike, Rockville, Maryland 20852. action plan was not even complete
FOR FURTHER INFORMATION CONTACT: V. before the NRC staff gave authorization
Catherine Haney, Director,
Sreenivas, Office of Nuclear Reactor to restart.
Office of Nuclear Material Safety and Regulation, U.S. Nuclear Regulatory (6) Regulatory commitments are an
Safeguards. Commission, Washington, DC 20555– inadequate regulatory tool for ensuring
[FR Doc. 2015–21937 Filed 9–3–15; 8:45 am] 0001; telephone: 301–415–2597; email: that the critical long-term tasks
BILLING CODE 7590–01–P V.Sreenivas@nrc.gov. identified in the NRC staff’s
VerDate Sep<11>2014 16:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1](https://thefederalregister.org/doc/80_FR_53760/page/4.svg)
Document Created: 2015-12-15 09:58:22
Document Modified: 2015-12-15 09:58:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Confirmatory order; issuance. | |
| Dates | The confirmatory order was signed August 10, 2015. | |
| Contact | Merritt Baker, telephone: 301-415- 7119, email [email protected], Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 80 FR 53588 |
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