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displays a currently valid OMB control Comments can also be submitted by violations set forth in the notice of number. telephone at (202) 395–3087. violation that the Licensee admitted, the 1. Type of submission, new, revision, The NRC Clearance Officer is Brenda Order Imposing a Civil Monetary or extension: Revision. Jo. Shelton, 301–415–7233. Penalty should be sustained. 2. The title of the information Dated in Rockville, Maryland, this 1st day Except to the extent an early collection: 10 CFR part 140, ‘‘Financial of May, 2003. settlement or other circumstance Protection Requirements and Indemnity renders them unnecessary, the For the Nuclear Regulatory Commission. Agreements.’’ Licensing Board may, during the course 3. The form number if applicable: Not Brenda Jo. Shelton, of this proceeding, conduct one or more applicable. NRC Clearance Officer, Office of the Chief prehearing conferences and evidentiary 4. How often the collection is Information Officer. hearing sessions. The time and place of required: As necessary in order for NRC [FR Doc. 03–11305 Filed 5–6–03; 8:45 am] these sessions will be announced in to meet its responsibilities called for in BILLING CODE 7590–01–P Licensing Board Orders. sections 170 and 193 of the Atomic For the Atomic Safety and Licensing Energy Act of 1954, as amended (the Board. Act). NUCLEAR REGULATORY COMMISSION Dated in Rockville, Maryland, on April 30, 5. Who will be required or asked to 2003. report: Licensees authorized to operate [Docket No. 30–35594–CivP, ASLBP No. 03– Thomas S. Moore, reactor facilities in accordance with 10 811–02–CivP, EA 02–072] Administrative Judge. CFR part 50 and licensees authorized to construct and operate a uranium Atomic Safety and Licensing Board; [FR Doc. 03–11306 Filed 5–6–03; 8:45 am] enrichment facility in accordance with Notice of Hearing BILLING CODE 7590–01–P 10 CFR parts 40 and 70. 6. An estimate of the number of April 30, 2003. NUCLEAR REGULATORY annual responses: 156. Before Administrative Judges: Thomas S. 7. The estimated number of annual Moore, Chairman, Dr. Charles N. Kelber, Dr. COMMISSION respondents: 91. Peter S. Lam. In the Matter of Advanced [Docket Nos. (as shown in Attachment 1); 8. An estimate of the total number of Medical Imaging and Nuclear Services License Nos. (as shown in Attachment 1); hours needed annually to complete the (Easton, Pennsylvania); Order Imposing Civil EA–03–038] Monetary Penalty. requirement or request: 1,382. 9. An indication of whether section This proceeding involves a proposed All Operating Power Reactor 3507(d), Pub. L. 104–13 applies: N/A. civil penalty of $43,200 sought to be Licensees; Order Modifying Licenses 10. Abstract: 10 CFR part 140 of the imposed by the Nuclear Regulatory (Effective Immediately) NRC’s regulations specifies information Commission on Advanced Medical The licensees identified in to be submitted by licensees to enable Imaging and Nuclear Services Attachment 1 to this Order hold licenses the NRC to assess (a) the financial (Licensee), for alleged violations of issued by the U.S. Nuclear Regulatory protection required of licensees and for provisions of its license and the Commission (NRC or Commission) the indemnification and limitation of Commission’s regulations. In response authorizing operation of nuclear power liability of certain licensees and other to an Order Imposing a Civil Monetary plants in accordance with the Atomic persons pursuant to section 170 of the Penalty, dated February 19, 2003 and Energy Act of 1954 and Title 10 of the Atomic Energy Act of 1954, as amended, published at 68 FR 10049 (Mar. 3, 2003), Code of Federal Regulations (10 CFR) and (b) the liability insurance required the Licensee on March 24, 2003 filed a part 50. Commission regulations at 10 of uranium enrichment facility licensees timely request for an enforcement CFR 50.54(p)(1) require these licensees pursuant to section 193 of the Atomic hearing. Thereafter, on April 8, 2003, to maintain safeguards contingency plan Energy Act of 1954, as amended. this Atomic Safety and Licensing Board procedures in accordance with 10 CFR A copy of the final supporting was established to preside over the part 73, Appendix C. Specific statement may be viewed free of charge hearing. See 68 FR 17969 (Apr. 14, safeguards requirements for reactors are at the NRC Public Document Room, One 2003). contained in 10 CFR 73.55. White Flint North, 11555 Rockville Notice is hereby given that by Order On September 11, 2001, terrorists Pike, Room O–1 F21, Rockville, MD dated April 30, 2003, the Atomic Safety simultaneously attacked targets in New 20852. OMB clearance requests are and Licensing Board has granted the York, NY, and Washington, DC, available at the NRC worldwide Web request for a hearing submitted by the utilizing large commercial aircraft as site: http://www.nrc.gov/public-involve/ Licensee. This proceeding will be weapons. In response to the attacks and doc-comment/omb/index.html. The conducted under the Commission’s intelligence information subsequently document will be available on the NRC hearing procedures set forth in 10 CFR obtained, the Commission issued a home page site for 60 days after the part 2, subparts B and G. Parties to the number of Safeguards and Threat signature date of this notice. proceeding are Advanced Medical Advisories to its licensees in order to Comments and questions should be Imaging and Nuclear Services and the strengthen licensees’ capabilities and directed to the OMB reviewer listed NRC Staff. The issues to be considered, readiness to respond to a potential below by June 6, 2003. Comments as set forth in the Order Imposing a attack on a nuclear facility. On February received after this date will be Civil Monetary Penalty, are (a) whether 25, 2002, the Commission issued Orders considered if it is practical to do so, but the Licensee was in violation of the to the licensees of operating power assurance of consideration cannot be Commission’s requirements as set forth reactors to put the actions taken in given to comments received after this in violations B and C of the written response to the Advisories in the date. notice of violation and proposed established regulatory framework and to Bryon Allen, Office of Information and imposition of civil penalty served upon implement additional security Regulatory Affairs (3150–0039), the Licensee by letter dated October 22, enhancements which emerged from the NEOB–10202, Office of Management 2002; and (b) whether, on the basis of NRC’s ongoing comprehensive security and Budget, Washington, DC 20503. such violations, and the additional review.

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Work hour demands on nuclear requirements would cause the Licensee Office of Nuclear Reactor Regulation, facility security force personnel have to be in violation of the provisions of U.S. Nuclear Regulatory Commission, increased substantially since the any Commission regulation or the Washington, DC 20555, and include a September 11, 2001 attacks and the facility license. The notification shall statement of good cause for the current threat environment continues to provide the Licensee’s justification for extension. The answer may consent to require heightened security measures. seeking relief from or variation of any this Order. Unless the answer consents The Commission has determined that specific requirement. to this Order, the answer shall, in the security measures addressed by the 2. Any Licensee that considers that writing and under oath or affirmation, enclosed compensatory measures are implementation of any of the specifically set forth the matters of fact required to be implemented by licensees requirements described in Attachment 2 and law on which the Licensee or other as prudent measures to address issues to this Order would adversely impact person adversely affected relies and the that may arise from work-hour related safe operation of the facility must notify reasons as to why the Order should not fatigue of nuclear facility security force the Commission, within thirty-five (35) have been issued. Any answer or personnel. Therefore, the Commission is days of this Order, of the adverse safety request for a hearing shall be submitted imposing requirements, as set forth in impact, the basis for its determination to the Secretary, Office of the Secretary Attachment 2 of this Order, on all that the requirement has an adverse of the Commission, U.S. Nuclear licensees of these facilities. These safety impact, and either a proposal for Regulatory Commission, ATTN: requirements, which supplement achieving the same objectives specified Rulemakings and Adjudications Staff, existing regulatory requirements, will in the Attachment 2 requirement in Washington, DC 20555. Copies also provide the Commission with question, or a schedule for modifying shall be sent to the Director, Office of reasonable assurance that the public the facility to address the adverse safety Nuclear Reactor Regulation, U.S. health and safety and common defense condition. If neither approach is Nuclear Regulatory Commission, and security continue to be adequately appropriate, the Licensee must Washington, DC 20555; to the Assistant protected. These requirements will supplement its response to Condition General Counsel for Materials Litigation remain in effect until the Commission B.1 of this Order to identify the and Enforcement at the same address; to determines otherwise. condition as a requirement with which the Regional Administrator for NRC In order to provide assurance that it cannot comply, with attendant Region I, II, III, or IV, as appropriate for licensees are implementing prudent justifications as required in Condition the specific facility; and to the Licensee measures to achieve a consistent level of B.1. if the answer or hearing request is by a protection, all licenses identified in C. 1. All Licensees shall, within person other than the Licensee. Because Attachment 1 to this Order shall be thirty-five (35) days of the date of this of possible disruptions in delivery of modified to include the requirements Order, submit to the Commission, a mail to United States Government identified in Attachment 2 to this Order. schedule for achieving compliance with offices, it is requested that answers and In addition, pursuant to 10 CFR 2.202, each requirement described in requests for hearing be transmitted to the NRC finds that in the circumstances Attachment 2. the Secretary of the Commission either described above, the public health, 2. All Licensees shall report to the by means of facsimile transmission to safety and interest require that this Commission when they have achieved 301–415–1101 or by e-mail to Order be immediately effective. full compliance with the requirements [email protected] and also to the Accordingly, pursuant to sections described in Attachment 2. Office of the General Counsel either by 103, 104, 161b, 161i, 161o, 182 and 186 D. Notwithstanding the provisions of means of facsimile transmission to 301– of the Atomic Energy Act of 1954, as 10 CFR 50.54(p), all measures 415–3725 or by e-mail to amended, and the Commission’s implemented or actions taken in [email protected]. If a person regulations in 10 CFR 2.202 and 10 CFR response to this Order shall be other than the licensee requests a parts 50 and 73, It is hereby ordered, maintained until the Commission hearing, that person shall set forth with effective immediately, that all licenses determines otherwise. particularity the manner in which his identified in attachment 1 to this order Licensees’ responses to Conditions interest is adversely affected by this are modified as follows: B.1, B.2, C.1, and C.2 above, shall be Order and shall address the criteria set A. All Licensees shall, submitted in accordance with 10 CFR forth in 10 CFR 2.714(d). notwithstanding the provisions of any 50.4. In addition, Licensees’ submittals If a hearing is requested by the Commission regulation or license to the that contain Safeguards Information Licensee or a person whose interest is contrary, comply with the requirements shall be properly marked and handled adversely affected, the Commission will described in Attachment 2 to this Order in accordance with 10 CFR 73.21. issue an Order designating the time and except to the extent that a more The Director, Office of Nuclear place of any hearing. If a hearing is held, stringent requirement is set forth in the Reactor Regulation may, by letter, relax the issue to be considered at such Licensees’ security plans. The Licensees or rescind any of the above conditions hearing shall be whether this Order shall immediately start implementation upon demonstration by the Licensee of should be sustained. of the requirements in Attachment 2 to good cause. Pursuant to 10 CFR 2.202(c)(2)(i), the the Order and shall complete In accordance with 10 CFR 2.202, the Licensee may, in addition to demanding implementation no later than October Licensee must, and any other person a hearing, at the time the answer is filed 29, 2003. adversely affected by this Order may, or sooner, move the presiding officer to B. 1. All Licensees shall, within submit an answer to this Order, and set aside the immediate effectiveness of thirty-five (35) days of the date of this may request a hearing on this Order, the Order on the ground that the Order, Order, notify the Commission, (1) if they within thirty-five (35) days of the date including the need for immediate are unable to comply with any of the of this Order. Where good cause is effectiveness, is not based on adequate requirements described in Attachment shown, consideration will be given to evidence but on mere suspicion, 2, (2) if compliance with any of the extending the time to request a hearing. unfounded allegations, or error. requirements is unnecessary in their A request for extension of time in which In the absence of any request for specific circumstances, or (3) if to submit an answer or request a hearing hearing, or written approval of an implementation of any of the must be made in writing to the Director, extension of time in which to request a

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hearing, the provisions specified in Docket No. 50–461, License No. NPF–62, David Thompson, Security Manager, Indian Section III above shall be final thirty- Route 54 East, Clinton, IL 61727. Point Nuclear Generating Station, Units 2 five (35) days from the date of this Order J. V. Parrish, Chief Executive Officer, & 3, Entergy Nuclear Operations, Inc., without further order or proceedings. If Columbia Generating Station, Energy Docket Nos. 50–247 & 50–286, License Northwest, Docket No. 50–397, License No. Nos. DPR–26 & DPR–64, Mail Stop K-IP2– an extension of time for requesting a NPF–21, Snake River Warehouse, North 4331, 295 Broadway Suite 1, Buchanan, hearing has been approved, the Power Plant Loop, Richland, WA 99352. NY 10511. provisions specified in Section III shall Neil Harris, Comanche Peak Steam Electric J. Haley, Security Manager, James A be final when the extension expires if a Station, Units 1 & 2, TXU Electric & Gas, FitzPatrick Nuclear Power Plant, Entergy hearing request has not been received. Docket No. 50–445 & 50–446, License Nos. Nuclear Operations, Inc., Docket No. 50– An answer or a request for hearing shall NPF–87 & NPF–89, FM 56, 5 Miles North 333, License No. DPR–59, 268 Lake Road, not stay the immediate effectiveness of of Glen Rose, Glen Rose, TX 76043. Lycoming, NY 13093. Martin Faulkner, Security Manager, Cooper this order. Ken Dyer, Site Security Manager, Joseph M. Nuclear Station, Nebraska Public Power Farley Nuclear Plant, Units 1 & 2, Southern For the Nuclear Regulatory Commission. District, Docket No. 50–298, License No. Nuclear Operating Co., Docket Nos. 50–348 Dated this 29th day of April 2003. DPR–046, 1200 Prospect Road, Brownville, & 50–364, License No. NPF–2 & NPF–8, NE 68321–0098. Samuel J. Collins, 7388 North Sate Highway 95, Columbia, Marty Folding, Security Manager, Crystal AL 36319–4120. Director, Office of Nuclear Reactor River Nuclear Generating Plant, Unit 3, Mark Fencl, Security Manager, Kewaunee Regulation. Progress Energy, Docket No. 50–302, Nuclear Power Plant, Nuclear Management Attachment 1 License No. DPR–72, Crystal River Energy Co., Docket No. 50–305, License No. DPR– Complex, 15760 West Power Line Street 43, N 490 Highway 42, Kewaunee, WI List of Addressees (NAID), Crystal River, FL 34428–6708. 54216–9510. William Mugge, Security Manager, Davis- Cindy Wilson, LaSalle County Station, Units Michael R. Higgins, Superintendent of Plant Besse Nuclear Power Station, FirstEnergy 1 & 2, Exelon Generation Company, Docket Security, Arkansas Nuclear One, Units 1 & Nuclear Operating Company, Docket No. No. 50–373 & 50–374, License Nos. NPF– 2, Entergy Operations, Inc., Docket Nos. 50–346, License No. NPF–3, 5501 N. State, 11 & NPF–18, 2601 North 21st Road, 50–313 & 50–368, License Nos. DPR–51 & Route 2, Oak Harbor, OH 43449. Marseilles, IL 61341–9757. NPF–6, 1448 S.R. 333, Russellville, AR Ron Todaro, Security Director, Diablo Peter R. Supplee, Limerick Generating 72802. Canyon Nuclear Power Plant, Units 1 & 2, Station, Units 1 & 2, Exelon Generation Mark Bezilla, Vice President, Beaver Valley Pacific Gas & Electric Company, Docket Company, LLC, Docket No. 50–352 & 50– Nos. 50–275 & 50–323, License Nos. DPR– Power Station, Units 1 & 2, FirstEnergy 353, License Nos. NPF–39 & NPF–85, 80 & DPR–82, 9 Miles Northwest of Avila Nuclear Operating Company, Docket Nos. Evergreen & Sanatoga Road, TSC 1–2, 50–334 & 50–412, License Nos. DPR–66 & Beach, Avila Beach, CA 93424. Sanatoga, PA 19464. NPF–73, Route 168, Shippingport, PA Garland Gibson, Manager, Site Protective J. Alan Price, Site Vice President, c/o Mr. 15077–0004. Services, Donald C. Cook Nuclear Plant, David W. Dodson, Millstone Power Station, Gregory Baker, Braidwood Station, Units 1 & Units 1& 2, American Electric Power, Units 2 & 3, Dominion Nuclear 2, Exelon Generation Company, LLC, Docket Nos. 50–315 & 50–316, License Docket Nos. STN 50–456 & STN 50–457, Nos. DPR–58 & DPR–74, 1 Cook Place, Connecticut, Inc., Docket Nos. 50–336 & License Nos. NPF–72 & NPF–77, 35100 S. Bridgman, MI 49106. 50–423, License Nos. DPR–65 & NPF–49, Rt. 53, Suite 84, Braceville, IL 60407. Valheria Gengler, Dresden Nuclear Power Rope Ferry Road, Waterford, CT 06385. Ashok S. Bhatnagar, Site Vice President, Station, Units 2 & 3, Exelon Generation Brian B. Linde, Security Manager, Monticello Browns Ferry Nuclear Plant, Units 1, 2, & Company, Docket Nos. 50–237 & 50–249, Nuclear Generating Plant, Nuclear 3, Tennessee Valley Authority, Docket Nos. License Nos. DPR–19 & DPR–25, 6500 Management Company, Docket No. 50– 50–259, 50–260 & 50–296, License Nos. North Dresden Road, Morris, IL 60450– 263, License No. DPR–22, 2807 W. DPR–33, DPR–52 & DPR–68, Intersection 9765. Highway 75, Monticello, MN 55362. Limestone Country Roads 20 and 25, Ben Kindred, Security Manager, Duane Mr. John T. Conway, Site Vice President, Athens, AL 35611. Arnold Energy Center, Nuclear Nine Mile Point Nuclear Station, Units 1 & Allen Brittain, Security Manager, Brunswick Management Co., Docket No. 50–331, 2, Nine Mile Point Nuclear Station, LLC, Steam Electric Plant, Units 1 & 2, Progress License No. DPR–49, 3277 DAEC Road, Docket Nos. 50–220 & 50–410, License Energy, Docket Nos. 50–325 & 50–324, Palo, Iowa 52324. Nos. DPR–63 & NPF–69, 348 Lake Road, License Nos. DPR–71 & DPR–62, Hwy 87, John R. Thompson, Security Manager, Edwin Oswego, NY 13126. 2.5 Miles North, Southport, NC 28461. I. Hatch Nuclear Plant, Unit 1 & 2, Tim Maddy, Manager, Station Nuclear David Combs, Byron Station, Units 1 & 2, Southern Nuclear Operating Company, Security, North Anna Power Station, Units Exelon Generation Company, LLC, Docket Inc., Docket Nos. 50–321 & 50–366, License 1 & 2, Virginia Electric & Power Company, Nos. STN 50–454 & STN 50–455, License Nos. DPR–57 & NPF–5, Plant E. I. Hatch, Docket Nos. 50–338 & 50–339, License Nos. NPF–37 & NPF–66, 4450 N. German U.S. Hwy #1 North, Baxley, GA 31515– Nos. NPF–4 & NPF–7, 1022 Haley Drive, Church Road, Byron, IL 61010. 2010. Mineral, Virginia 23117. J. Mark Dunbar, Security Manager, Callaway Joe Korte, Nuclear Security Manager, Fermi, Terry King, Security Manager, Oconee Plant, Unit 1, Ameren Union Electric Unit 2, Detroit Edison Company, Docket Nuclear Station, Units 1, 2, & 3, Duke Company, Docket No. STN 50–483, License No. 50–341, License No. NPF–43, 6400 N. Energy Corporation, Docket Nos. 50–269, No. NPF–30, Highway CC, (5 Miles North Dixie Highway, Newport, MI 48166. 50–270 & 50–287, License Nos. DPR–38, of Highway 94) Portland, MO 65067. John Sefick, Manager, Security & Emergency DPR–47 & DPR–55, 7800 Rochester Vince Williams, Security Programs Planning, Fort Calhoun Station, Omaha Highway, Seneca, SC 29672. Specialist, Calvert Cliffs Nuclear Power Public Power District, Docket No. 50–285, Rick Ewart, Security Manager, Oyster Creek Plant, Units 1 & 2, Calvert Cliffs Nuclear License No. DPR–40, 9750 Power Lane, Nuclear Generating Station, AmerGen Power Plant, Inc., Docket Nos. 50–317 & Blair, NE 68008. Energy Company, LLC, Docket No. 50–219, 50–318, License Nos. DPR–53 & DPR–69, Greg D. Brown, Grand Gulf Nuclear Station, License No. DPR–16, Route 9 South, 1650 Calvert Cliffs Parkway, Lusby, MD Unit 1, Entergy Operations, Inc., Docket Forked River, NJ 08731. 20657. No. 50–416, License No. NPF–29, Bald Hill Douglas Cooper, Site Vice President, G. R. Peterson, Vice President Catawba Site, Road—Waterloo Road, Port Gibson, MS Palisades Plant, Nuclear Management Catawba Nuclear Station, Units 1 & 2, Duke 39150. Company, Docket No. 50–255, License No. Power Company, Docket Nos. 50–413 & Scott Young, Security Superintendent, H.B. DPR–20, 27780 Blue Star, Memorial 50–414, License Nos. NPF–35 & NPF–52, Robinson Steam Electric Plant, Unit 2, Highway, Covert, MI 49043. 4800 Concord Road, York, SC 29745. Carolina Power & Light Company, Docket Michael W. Priebe, Dept. Leader—Security Ed Wrigley, Security Manager, Clinton Power No. 50–261, License No. DPR–23, 3581 Operations, Palo Verde Nuclear Station, AmerGen Energy Company, LLC, West Entrance Road, Hartsville, SC 29550. Generating, Units 1, 2 & 3, Arizona Public

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Service Company, Docket Nos. STN 50– Light Company, Docket No. 50–400, STN 50–482, License No. NPF–42, 1550 528, 50–529 & STN 50–530, License Nos. License No. NPF–63, 5413 Shearon Harris Oten Lane, NE, Burlington, KS 66839. NPF–41, NPF–51 & NPF–74, 5801 S. Road, New Hill, NC 27562. Wintersburg Road, Tonapah, Arizona William T. Cottle, President & Chief Attachment 2 85354–7529. Executive Officer, South Texas Project Compensatory Measures Wayne Trump, Manager—Site Security, Electric Generating Company, Units 1 & 2, Peach Bottom Atomic Power Station, Units STP Nuclear Operating Company, Docket A. Background 2 & 3, Exelon Generation Company, LLC, Nos. 50–498 & 50–499, License Nos. NPF– These compensatory measures (CMs) are Docket Nos. 50–277 & 50–278, License 76 & NPF–80, 8 Miles West of Wadsworth, established to delineate licensee Nos. DPR–44 & DPR–56, 1848 Lay Road, on FM 521, Wadsworth, TX 77483. responsibility in response to the threat Delta, PA 17314. Gary L. Varnes, Site Security Manager, St. environment presently in existence in the Thomas Mahon, Security Manager, Perry Lucie Nuclear Plant, Units 1 & 2, Florida aftermath of the events of September 11, Nuclear Power, Unit 1, FirstEnergy Nuclear Power & Light Company, Docket Nos. 50– 2001. Excessive work schedules can Operating Company, Docket No. 50–440, 335 & 50–389, License Nos. DPR–67 & challenge the ability of security force License No. NPF–58, 10 North Center NPF–16, 6351 South Ocean Drive, Jensen personnel to remain vigilant and effectively Street, Perry, OH 44081. Beach, FL 34957. perform their duties. Michael Bellamy, Senior Vice President, Curtis Luffman, Surry Power Station, Units 1 Pilgrim Nuclear Power Station, Unit 1, & 2, Virginia Electric & Power Company, B. Scope Entergy Nuclear Generation Company, Docket Nos. 50–280 & 50–281, License Operating nuclear power reactor licensees Docket No. 50–293, License No. DPR–35, Nos. DPR–32 & DPR–37, 5570 Hog Island shall comply with the following CMs to Rocky Hill Road, Plymouth, MA 02360. Road, Surry, VA 23883–0315. ensure, in part, that nuclear facility security Mark Fencl, Security Manager, Point Beach Roland Ferentz, Manager, Nuclear Security, force personnel are not assigned to duty Nuclear Plant, Units 1 & 2, Nuclear Susquehanna Steam Electric Station, Units while in a fatigued condition that could Management Company, Docket Nos. 50– 1&2, Pennsylvania Power and Light reduce their alertness or ability to perform 266 & 50–301, License Nos. DPR–24 & Company, Docket Nos. 50–387 & 50–388, functions necessary to identify and promptly DPR–27, 610 Nuclear Road, Two Rivers, License Nos. NPF–14 & NPF–22, 769 Salem respond to plant security threats. Work hour WI 54241. Blvd., Berwick, PA 18603. controls shall apply to personnel performing John Waddell, Security Manager, Prairie Michael Bruecks, Three Mile Island Nuclear the following functions: armed member of Island, Units 1 & 2, Nuclear Management Station, Unit 1, Amergen Energy Company, the security force, central alarm station Company, Docket No. 50–282 & 50–306, LLC, Docket No. 50–289, License No. DPR– operator, secondary alarm station operator, License No. DPR–42 & DPR–60, 1717 50, Route 441 South, Middletown, PA security shift supervisor, and watchperson Wakonade Drive East, Welch, MN 55089. 17057. (i.e., watchman). Tim Tulon, Site Vice President, Quad Cities William S. Johns, Site Security Supervisor, C. Compensatory Measures Nuclear Power Station, Units 1 & 2, Exelon Turkey Point Nuclear Generating Station, Generation Company, Docket Nos. 50–254 Units 3 & 4, Florida Power & Light 1. Individual Work Hour Controls & 50–265, License Nos. DPR–29 & DPR–30, Company, Docket Nos. 50–250 & 50–251, (a) Personnel performing the functions 22710–206th Ave., North, Cordova, IL License Nos. DPR–31 & DPR–41, 9760 SW identified in B: 61242. 344th Street, Florida City, FL 33035. (1) Shall not exceed the following limits, Ronald C. Teed, Site Security Supervisor, R. Mr. Jay K. Thayer, Site Vice President, excluding shift turnover time: E. Ginna Nuclear Power Plant, Rochester Vermont Yankee Nuclear Power Station, (i) 16 hours in any 24-hour period, Gas & Electric Corporation, Docket No. 50– Entergy Nuclear Vermont Yankee, LLC, (ii) 26 hours in any 48-hour period, and 244, License No. DPR–18, 1503 Lake Road, Docket No. 50–271, License No. DPR–28, (iii) 72 hours in any 7-day period. Ontario, NY 14519. 185 Old Ferry Road, Brattleboro, VT (2) Shall have a minimum 10-hour break Andre James, Security Manager, River Bend 05302–0500. between work periods. The participation in Station, Entergy Operations, Inc., Docket Stephen A. Byrne, Senior Vice President— turnover is permitted during the break No. 50–458, License No. NPF–47, 5485 Nuclear Operations, Virgil C. Summer period. U.S. Highway 61, St. Francisville, LA Nuclear Station, South Carolina Electric & (3) May be authorized, by the licensee, to 70775. Gas Company, Docket No. 50–395, License deviate from the limits specified in C.1(a)(1) Ted Straub, Manager of Nuclear Security & No. NPF–12, Hwy 215 N at Bradham Blvd., and/or C.1(a)(2) provided: Fire, Security Center, Salem Nuclear Jenkinsville, SC 29065. (i) The licensee could not have reasonably Generating Station, Units 1 & 2, Docket Doug G. Huyck, Security Manager, Vogtle foreseen or controlled the circumstance Nos. 50–272 & 50–311, License No. DPR– Electric Generating Plant, Unit 1 & 2, necessitating the deviation, 70 & DPR–75, Hope Creek Generating Southern Nuclear Operating Company, (ii) The security shift supervisor has Station, Unit 1, Docket No. 50–354, License Inc., Docket Nos. 50–424 & 50–425, License determined that the deviation is required to No. NPF–57, PSEG Nuclear LLC, End of Nos. NPF–68 & NPF–81, 7821 River Road, maintain the security for the facility, Buttonwood Road, Hancocks Bridge, NJ Waynesboro, GA 30830. (iii) An evaluation is performed, in 08038. Joseph E. Venable, Vice President, advance, by individuals with training, as John Todd, Manager, Site Security, San Operations, Waterford Steam Electric provided by the licensee, in the symptoms, Onofre Nuclear Station, Units 2 & 3, Generating Station, Unit 3, Entergy contributing factors, and effects of fatigue Southern California Edison, Docket Nos. Operations, Inc., Docket No. 50–382, that determined that the individual’s fitness 50–361 & 50–362, License Nos. NPF–10 & License No. NPF–38, 17265 River Road, for duty would not be adversely affected by NPF–15, 5000 Pacific Coast Highway Killona, LA 70066–0751. the additional work period to be authorized (A82), San Clemente, CA 92674. Bonnie A. Schnetzler, Security Manager, under the deviation, and James Pandolfo, Security Manager, Seabrook Watts Bar Nuclear Plant, Unit 1, Tennessee (iv) The basis and approval for C.1(a)(3) Station, Unit 1, FPL Energy Seabrook, LLC, Valley Authority, Docket No. 50–390, items (i), (ii), and (iii) are documented. Docket No. 50–443, License No. NPF–86, License No. NPF–90, Highway 68 Near Note 1: An 8-hour break may be authorized Central Receiving, Lafayette Road, Spring City, Spring City, TN 37381. as deviation from the 10-hour requirement of Seabrook, NH 03874. William A. Evans, William B. McGuire C.1(a)(2) if the deviation is required for a Kenneth Stevens, Security Manager, Nuclear Station, Units 1 & 2, Duke Energy scheduled transition of crews between work Sequoyah Nuclear Plant, Units 1 & 2 Corporation, Docket Nos. 50–369 & 50–370, schedules or shifts. (OPS5N), Tennessee Valley Authority License Nos. NPF–9 & NPF–17, Mail– (b) The number and duration of approved (TVA), Docket Nos. 50–327 & 50–328, MG01SC, 12700 Hagers Ferry Road, deviations shall be reviewed by the Security License Nos. DPR–77 & DPR–79, Sequoyah Huntersville, NC 28078. Manager and limited to the extent Road, Soddy Daisy, TN 37384. David Erbe, Security Manager, Wolf Creek practicable. Denny Braund, Shearon Harris Nuclear Generating Station, Unit 1, Wolf Creek (c) The licensee shall monitor and control Power Plant, Unit 1, Carolina Power & Nuclear Operating Corporation, Docket No. individual work hours to ensure that

VerDate Jan<31>2003 19:20 May 06, 2003 Jkt 200001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1 24514 Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Notices

excessive work hours are not compromising condition during the planned outage, the requirements for reactors are contained worker alertness and performance. requirements of C.2(b) apply using the in 10 CFR 73.55. 2. Group Work Hour Controls original licensee defined start date for the On September 11, 2001, terrorists planned outage. Group average work hours for personnel simultaneously attacked targets in New performing the functions identified in B shall Note 5: If multiple increases in threat York City, NY, and Washington, DC, be controlled in accordance with the condition occur while the conditions of utilizing large commercial aircraft as following limits: C.2(c) are in effect, the requirements of weapons. In response to the attacks and (a) Normal Plant Conditions: The average C.2(c)(2) reset with each increase. intelligence information subsequently number of hours actually worked by Note 6: If the threat condition decreases, obtained, the Commission issued a personnel performing the functions the new threat condition shall be compared number of Safeguards and Threat identified in B, shall not exceed 48 hours per to the baseline to determine if the Advisories to its licensees in order to week averaged over consecutive periods not requirements of C.2(c) apply as a result of an strengthen licensees’ capabilities and to exceed six (6) weeks. Workers who did not increased threat condition. If so, C.2(c)(2) work at least 75 percent of the normally readiness to respond to a potential shall be referenced to the date when the attack on a nuclear facility. On February scheduled hours during the averaging period current threat condition was last entered as shall not be included when calculating the the result of an increase. 25, 2002, the Commission issued Orders average. If the group average limit is to the licensees of operating power exceeded, the licensee shall take prompt Note 7: Licensees shall reference changes reactors to put the actions taken in action to reduce the average hours worked in in threat condition prior to the issuance of response to the advisories in the accordance with this compensatory measure these CMs to determine the baseline threat established regulatory framework and to and take actions to prevent recurrence. condition and whether the requirements of C.2(c) apply. implement additional security (b) Planned Plant or Planned Security enhancements which emerged from the System Outages: 3. Licensees Shall be Exempt from the NRC’s ongoing comprehensive security (1) The average number of hours actually Requirements of C.1 and C.2 During Declared worked by personnel performing the review. Emergencies as Defined in the Licensee’s The Commission has determined that functions identified in B, shall not exceed 60 Emergency Plan hours per week averaged over consecutive tactical proficiency and physical fitness periods not to exceed six (6) weeks. For 4. Procedures requirements governing the licensee’s planned abnormal plant conditions whose Develop or augment procedures, as armed security force personnel must be duration is less then the averaging period the necessary, for personnel within the scope of enhanced. Therefore, the Commission limit would be 60 hours per week averaged this CM to: has determined that certain over the duration of the condition. Workers (a) Describe the process for implementing compensatory measures (CMs) are who did not work at least 75 percent of the the controls for hours worked specified in required to be implemented by licensees normally scheduled hours during the C.1, C.2, and C.3 of this CM. as prudent measures to improve tactical averaging period shall not be included when (b) Describe the process to be followed if and firearms proficiency and physical calculating the average. If the group average an individual reports prior to or during a limit is exceeded, the licensee shall take duty period that he or she considers himself fitness of the security forces at nuclear prompt action to reduce the average hours or herself unfit for duty due to fatigue. power reactor facilities. Therefore, the worked in accordance with this (c) Document self-declarations of unfit for Commission is imposing requirements, compensatory measure and take actions to duty due to fatigue if upon completion of the as set forth in Attachment 2 of this prevent recurrence. licensee’s evaluation it is determined the Order,1 on all licensees of these Note 2: Licensee may define the beginning individual should be returned to work facilities. Pursuant to Section 147 of the of a planned plant outage to be up to 3 weeks without a break of at least 10 hours. Act, the Commission is broadening the prior to the plant shutdown (i.e., plant [FR Doc. 03–11300 Filed 5–6–03; 8:45 am] scope of information protected under 10 operational mode not equal to 1). BILLING CODE 7590–01–P CFR section 73.21(b)(1), and has (2) The limit defined in C.2(b)(1) can be designated the information in used for up to 90 days. For periods greater Attachment 2 as Safeguards Information than 90 days, the licensee shall take prompt (SGI). The Commission requires that the action to limit hours worked in accordance NUCLEAR REGULATORY with the requirements of C.2(a). The use of COMMISSION Safeguards Information be protected and the limits defined in C.2(b)(1) shall not that access to Safeguards Information be exceed 120 days. [Docket Nos. (as shown in Attachment 1); limited in accordance with 10 CFR (c) Unplanned Plant or Unplanned License Nos. (as shown in Attachment 1); section 73.21. Pursuant to section 147a Security Outages or An Increase in Plant EA–03–039] of the Act, any person, ‘‘whether or not Threat Condition (i.e., increase in protective a licensee of the Commission, who measure level as promulgated by NRC All Operating Power Reactor violates any regulations adopted under Advisory): Licensees; Order Modifying Licenses this section shall be subject to the civil (1) There are no specific group limits for (Effective Immediately) monetary penalties of section 234 of this this condition. Act.’’ Furthermore, willful violations of (2) For periods greater than 90 days, the The licensees identified in licensee shall take prompt action to limit any regulation or order governing Attachment 1 to this Order hold licenses Safeguards Information is a felony hours worked in accordance with the issued by the U.S. Nuclear Regulatory requirements of C.2(a). The use of the subject to criminal penalties in the form Commission (NRC or Commission) allowance defined in C.2(c)(1) shall not of fines or imprisonment, or both. (See exceed 120 days. authorizing operation of nuclear power sections 147b and 223 of the Act.) The plants in accordance with the Atomic Note 3: For the purposes of these CMs, the requirements in Attachment 2, which baseline threat condition is defined as the Energy Act of 1954 (the Act) and Title supplement existing regulatory least significant threat condition in effect in 10 of the Code of Federal Regulations requirements, will provide the the last 120 days. (10 CFR) part 50. Commission Commission with reasonable assurance regulations at 10 CFR 50.54(p)(1) require Note 4: If an increase in threat condition that the public health and safety and occurs while the plant is in a planned outage, these licensees to maintain safeguards the requirements of C.2(c) apply for the contingency plan procedures in 1 Attachment 2 contains Safeguards Information. increased threat condition. If the threat accordance with 10 CFR part 73, Therefore, Attachment 2 will not be released to the condition returns to the baseline threat Appendix C. Specific safeguards public.

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