Notices. Issuance of Order for Implementation of Additional Security Measures Associated with Access Authorization

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BILLING CODE 7533-01-M NUCLEAR REGULATORY COMMISSION [Docket No. 72-61;EA-06-115] In the Matter of Florida Power and Light Company, St. Lucie Nuclear Plant Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately) AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Order for Implementation of Additional Security Measures Associated with Access Authorization. FOR FURTHER INFORMATION, CONTACT: Christopher M. Regan, Senior Project Manager, Licensing and Inspection Directorate, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville, MD 20852. Telephone:

(301)415-1179; fax number:

(301)415-8555; e-mail: *CMR1@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing notice, in the matter of St. Lucie Nuclear Plant Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information NRC issued a license to Florida Power and Light Company (FP&L), authorizing the operation of an ISFSI, in accordance with the Atomic Energy Act of 1954 and Title 10 of the *Code of Federal Regulations* (10 CFR) part 50 and 10 CFR part 72. Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require FP&L to have a safeguards contingency plan to respond to threats of radiological sabotage and to protect the spent fuel against the threat of radiological sabotage. Inasmuch as an insider has an opportunity equal to, or greater than, any other person, to commit radiological sabotage, the Commission has determined these measures to be prudent. This Order has been issued to all licensees that currently store spent fuel or have identified near-term plans to store spent fuel in an ISFSI. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees, to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. On October 16, 2002, the Commission issued Orders to the licensees of operating ISFSIs to put the actions taken in response to the Advisories in the established regulatory framework and to implement additional security enhancements that emerged from NRC's ongoing comprehensive review. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain additional security measures are required to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on all licensees of these facilities. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to the public. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachment 1 to this Order, in response to previously issued advisories, the October 2002 Order, or on their own. It also recognizes that some measures may not be possible or necessary at some sites, or may need to be tailored to accommodate the specific circumstances existing at the licensee's facility, to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel. Although the additional security measures implemented by licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that these actions must be supplemented further, because the current threat environment continues to persist. Therefore, it is appropriate to require certain additional security measures and these measures must be embodied in an Order, consistent with the established regulatory framework. To provide assurance that FP&L is implementing prudent measures to achieve a consistent level of protection to address the current threat environment, FP&L's general license issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that in the circumstances described above, the public health, safety, and interest require that this Order be immediately effective. Accordingly, pursuant to Sections 53, 103, 104, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and 73, *it is hereby ordered, effective immediately* , that your general license is modified as follows: A. FP&L shall comply with the requirements described in Attachment 1 to this Order, except to the extent that a more stringent requirement is set forth in FP&L's security plan. FP&L shall immediately start implementation of the requirements in Attachment 1 to the Order and shall complete implementation no later than November 30, 2006, with the exception of the additional security measure B.4, which shall be implemented no later than May 31, 2007. In any event, FP&L shall complete implementation of all additional security measures prior to the first day that spent fuel is initially placed in the ISFSI. B. 1. FP&L shall, within twenty

(20)days of the date of this Order, notify the Commission:

(1)If it is unable to comply with any of the requirements described in Attachment 1;

(2)if compliance with any of the requirements is unnecessary in its specific circumstances; or

(3)if implementation of any of the requirements would cause FP&L to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide FP&L's justification for seeking relief from or variation of any specific requirement. 2. If FP&L considers that implementation of any of the requirements described in Attachment 1 to this Order would adversely impact the safe storage of spent fuel, FP&L must notify the Commission, within twenty

(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirements in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, FP&L must supplement its response to Condition B.1, of this Order, to identify the condition as a requirement with which it cannot comply, with attendant justifications as required under Condition B.1. C. 1. FP&L shall, within twenty

(20)days of this Order, submit to the Commission a schedule for achieving compliance with each requirement described in Attachment 1. 2. FP&L shall report to the Commission when it has achieved full compliance with the requirements described in Attachment 1. D. All measures implemented, or actions taken, in response to this Order, shall be maintained until the Commission determines otherwise. FP&L's response to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled in accordance with 10 CFR 73.21. The Director, NMSS, may, in writing, relax or rescind any of the above conditions, on FP&L's demonstration of good cause. In accordance with 10 CFR 2.202, FP&L must, and any other entity adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other entity adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement at the same address; to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address; to the Regional Administrator for NRC Region II, at Sam Nunn Atlanta Federal Center, Suite 23T85, 61 Forsyth Street, SW., Atlanta, GA 30303; and to the licensee, if the answer or hearing request is by an entity other than the licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that requests for a hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission, to 301-415-1101, or by e-mail, to *hearingdocket@nrc.gov* , and also to the Office of General Counsel (OGC), either by means of facsimile transmission, to 301-415-3725, or by e-mail, to *OGCMailCenter@nrc.gov* . If an entity other than FP&L requests a hearing, that entity shall set forth, with particularity, the manner in which its interest is adversely affected by this Order, and shall address the criteria set forth in 10 CFR 2.309. If FP&L or an entity whose interest is adversely affected requests a hearing, the Commission will issue an Order designating the hearing's time and place. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), FP&L may, in addition to demanding a hearing at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty

(301)415-1179, fax number:

(301)415-8555; e-mail: *CMR1@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing notice in the matter of Vermont Yankee Nuclear Power Station Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information NRC has issued a general license to Entergy Nuclear Vermont Yankee, LLC. (Entergy), authorizing the operation of an ISFSI, in accordance with the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations (10 CFR) part 50 and 10 CFR part 72. Commission regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy to have a safeguards contingency plan to respond to threats of radiological sabotage and to protect the spent fuel against the threat of radiological sabotage. Inasmuch as an insider has an opportunity equal to, or greater than, any other person, to commit radiological sabotage, the Commission has determined these measures to be prudent. This Order has been issued to all licensees that currently store spent fuel or have identified near-term plans to store spent fuel in an ISFSI. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees, to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. On October 16, 2002, the Commission issued Orders to the licensees of operating ISFSIs to put the actions taken in response to the Advisories in the established regulatory framework and to implement additional security enhancements that emerged from NRC's ongoing comprehensive review. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain additional security measures are required to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on all licensees of these facilities. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to the public. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachment 1 to this Order, in response to previously issued advisories, the October 2002 Order, or on their own. It also recognizes that some measures may not be possible or necessary at some sites, or may need to be tailored to accommodate the specific circumstances existing at the licensee's facility, to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel. Although the additional security measures implemented by licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that these actions must be supplemented further because the current threat environment continues to persist. Therefore, it is appropriate to require certain additional security measures, and these measures must be embodied in an Order, consistent with the established regulatory framework. To provide assurance that Entergy is implementing prudent measures to achieve a consistent level of protection to address the current threat environment, Entergy's general license issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that in the circumstances described above, the public health, safety, and interest require that this Order be immediately effective. Accordingly, pursuant to sections 53, 103, 104, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and 73, *it is hereby ordered, effective immediately* , that your general license is modified as follows: A. Entergy shall comply with the requirements described in Attachment 1 to this Order, except to the extent that a more stringent requirement is set forth in Entergy's security plan. Entergy shall immediately start implementation of the requirements in Attachment 1 to the Order and shall complete implementation no later than November 30, 2006, with the exception of the additional security measures B.4, which shall be implemented no later than May 31, 2007. In any event, Entergy shall complete implementation of all additional security measures prior to the first day that spent fuel is initially placed in the ISFSI. B. 1. Entergy shall, within twenty

(20)days of the date of this Order, notify the Commission:

(1)if it is unable to comply with any of the requirements described in Attachment 1;

(2)if compliance with any of the requirements is unnecessary in its specific circumstances; or

(3)if implementation of any of the requirements would cause Entergy to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide Entergy's justification for seeking relief from, or variation of, any specific requirement. 2. If Entergy considers that implementation of any of the requirements described in Attachment 1 to this Order would adversely impact the safe storage of spent fuel, Entergy must notify the Commission, within twenty

(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirements in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, Entergy must supplement its response to Condition B.1, of this Order, to identify the condition as a requirement with which it cannot comply, with attendant justifications, as required under Condition B.1. C. 1. Entergy shall, within twenty

(20)days of this Order, submit to the Commission, a schedule for achieving compliance with each requirement described in Attachment 1. 2. Entergy shall report to the Commission when it has achieved full compliance with the requirements described in Attachment 1. D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. Entergy's response to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled, in accordance with 10 CFR 73.21. The Director, NMSS, may, in writing, relax or rescind any of the above conditions, on Entergy's demonstration of good cause. In accordance with 10 CFR 2.202, Entergy must, and any other entity adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other entity adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement at the same address; to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, to the Regional Administrator for NRC Region I at 475 Allendale Road, King of Prussia, PA 19406-1415; and to the licensee, if the answer or hearing request is by an entity other than the licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that requests for a hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission, to 301-415-1101, or by e-mail, to *hearingdocket@nrc.gov,* and also to the Office of the General Counsel (OGC), either by means of facsimile transmission, to 301-415-3725, or by e-mail, to *OGCMailCenter@nrc.gov.* If an entity other than Entergy requests a hearing, that entity shall set forth, with particularity, the manner in which its interest is adversely affected by this Order, and shall address the criteria set forth in 10 CFR 2.309. If Entergy, or an entity, whose interest is adversely affected requests a hearing, the Commission will issue an Order designating the hearing's time and place. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), Entergy may, in addition to demanding a hearing at the time the answer is filed, or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty

(301)415-1179; fax number:

(301)415-8555; e-mail: *CMR1@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing notice in the matter of Vermont Yankee Nuclear Power Station Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information NRC has issued a general license to Entergy Nuclear Vermont Yankee, LLC. (Entergy), authorizing storage of spent fuel in an ISFSI, in accordance with the Atomic Energy Act of 1954 and Title 10 of the *Code of Federal Regulations* (10 CFR) part 50, and 10 CFR part 72. This Order is being issued to Entergy which has identified near-term plans to store spent fuel in an ISFSI under the general license provisions of part 72. The Commission's regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require Entergy to maintain safeguards contingency plan procedures in accordance with 10 CFR part 73, Appendix C. Specific safeguards requirements are contained in 10 CFR 73.55. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees, to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security plan requirements, as well as a review of information provided by the intelligence community and other governmental agencies, the Commission has determined that certain compensatory measures are required to be implemented by licensees as prudent, interim measures, to address the current threat environment in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on Entergy which has indicated near-term plans to store spent fuel in an ISFSI under the general license provisions of part 72. These interim requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to the public. The Commission recognizes that some measures may not be possible or necessary, or may need to be tailored to accommodate the specific circumstances existing at Entergy's facility, to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel. To provide assurance that licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, the Commission concludes that security measures must be embodied in an Order consistent with the established regulatory framework. Entergy's general license issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that in the circumstances described above, the public health, safety, and interest require that this Order be effective immediately. Accordingly, pursuant to sections 103, 104, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and 73, *it is hereby ordered, effective immediately* , that your general license is modified as follows: A. Entergy shall comply with the requirements described in Attachment 1 to this Order, except to the extent that a more stringent requirement is set forth in its security plan. Entergy shall immediately start implementation of the requirements in Attachment 1 to the Order and shall complete implementation before November 30, 2006, or the first day that spent fuel is initially placed in the ISFSI, whichever is sooner. B.1. Entergy shall, within twenty

(20)days of the date of this Order, notify the Commission:

(1)If they are unable to comply with any of the requirements described in Attachment 1;

(2)if compliance with any of the requirements is unnecessary in its specific circumstances; or

(3)if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide the licensee's justification for seeking relief from, or variation, of any specific requirement. 2. If Entergy considers that implementation of any of the requirements described in Attachment 1 to this Order would adversely impact the safe storage of spent fuel, Entergy must notify the Commission, within twenty

(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirement(s) in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, Entergy must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications, as required in Condition B.1. C.1. Entergy shall, within twenty

(20)days of the date of this Order, submit, to the Commission, a schedule for achieving compliance with each requirement described in Attachment 1. 2. Entergy shall report to the Commission when it has achieved full compliance with the requirements described in Attachment 1. D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. Entergy's responses to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled in accordance with 10 CFR 73.21. The Director, NMSS may, in writing, relax or rescind any of the above conditions, on Entergy's demonstration of good cause. In accordance with 10 CFR 2.202, Entergy must, and any other entity adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other entity adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement at the same address; to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address, to the Regional Administrator for NRC Region I at 475 Allendale Road, King of Prussia, PA 19406-1415; and to the licensee, if the answer or hearing request is by an entity other than the licensee. Because of potential disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission, to 301-415-1101, or by e-mail, to *hearingdocket@nrc.gov* , and also to the Office of the General Counsel (OGC), either by means of facsimile transmission, to 301-415-3725, or by e-mail, to *OGCMailCenter@nrc.gov* . If an entity other than Entergy requests a hearing, that entity shall set forth, with particularity, the manner in which its interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If Entergy or another entity whose interest is adversely affected requests a hearing, the Commission will issue an Order designating the hearing's time and place. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), Entergy may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty

(301)415-1179; fax number:

(301)415-8555; e-mail: *CMR1@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the NRC (or The Commission) is providing notice, in the matter of St. Lucie Nuclear Plant Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information NRC has issued a general license to Florida Power and Light Company (FP&L), authorizing storage of spent fuel in an ISFSI, in accordance with the Atomic Energy Act of 1954, and Title 10 of the *Code of Federal Regulations* (10 CFR) part 50, and 10 CFR part 72. This Order is being issued to FP&L, which has identified near-term plans to store spent fuel in an ISFSI under the general license provisions of 10 CFR part 72. The Commission's regulations at 10 CFR 72.212(b)(5) and 10 CFR 73.55(h)(1) require FP&L to maintain safeguards contingency plan procedures in accordance with 10 CFR part 73, Appendix C. Specific safeguards requirements are contained in 10 CFR 73.55. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees, to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives, to discuss and evaluate the current threat environment, to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security plan requirements, as well as a review of information provided by the intelligence community and other governmental agencies, the Commission has determined that certain compensatory measures are required to be implemented by licensees as prudent, interim measures, to address the current threat environment, in a consistent manner, throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachment 1 1 of this Order, on FP&L, which has indicated near-term plans to store spent fuel in an ISFSI under the general license provisions of part 72. These interim requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. The Commission recognizes that some measures may not be possible or necessary, or may need to be tailored to accommodate the specific circumstances existing at FP&L's facility, to achieve the intended objectives and to avoid any unforeseen effect on the safe storage of spent fuel. 1 Attachment 1 contains SAFEGUARDS INFORMATION and will not be released to the public. To provide assurance that licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, the Commission concludes that security measures must be embodied in an Order consistent with the established regulatory framework. FP&L's general license, issued pursuant to 10 CFR 72.210, is modified to include the requirements identified in Attachment 1 to this Order. In addition, pursuant to 10 CFR 2.202, the Commission finds that in the circumstances described above, the public health, safety, and interest require that this Order be effective immediately. Accordingly, pursuant to sections 103, 104, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and parts 50, 72, and 73, *it is hereby ordered, effective immediately,* that your general license is modified as follows: A. FP&L shall comply with the requirements described in Attachment 1 to this Order, except to the extent that a more stringent requirement is set forth in its security plan. It shall immediately start implementation of the requirements in Attachment 1 to the Order and shall complete implementation before November 30, 2006, or the first day that spent fuel is initially placed in the ISFSI, whichever is sooner. B.1. FP&L shall, within twenty

(20)days of the date of this Order, notify the Commission:

(1)If it is unable to comply with any of the requirements described in Attachment 1;

(2)if compliance with any of the requirements is unnecessary in its specific circumstances; or

(3)if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide the licensee's justification for seeking relief from, or variation of, any specific requirement. 2. If FP&L considers that implementation of any of the requirements described in Attachment 1 to this Order would adversely impact the safe storage of spent fuel, it must notify the Commission, within twenty

(20)days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment 1 requirement(s) in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, FP&L must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications, as required in Condition B.1. C.1. FP&L shall, within twenty

(20)days of the date of this Order, submit to the Commission, a schedule for achieving compliance with each requirement described in Attachment 1. 2. FP&L shall report to the Commission when it has achieved full compliance with the requirements described in Attachment 1. D. All measures implemented or actions taken, in response to this Order, shall be maintained until the Commission determines otherwise. FP&L's responses to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals that contain Safeguards Information shall be properly marked and handled in accordance with 10 CFR 73.21. The Director, NMSS may, in writing, relax or rescind any of the above conditions, on FP&L demonstration of good cause. In accordance with 10 CFR 2.202, FP&L must, and any other entity adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other entity adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Director, Office of Enforcement at the same address; to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address; to the Regional Administrator for NRC Region II, at Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Suite 23T85, Atlanta, GA 30303; and to the licensee, if the answer or hearing request is by an entity other than the licensee. Because of potential disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission, either by means of facsimile transmission, to 301-415-1101, or by e-mail, to *hearingdocket@nrc.gov,* and also to the Office of the General Counsel (OGC), either by means of facsimile transmission, to 301-415-3725, or by e-mail, to *OGCMailCenter@nrc.gov.* If an entity other than FP&L requests a hearing, that entity shall set forth, with particularity, the manner in which its interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by FP&L or an entity whose interest is adversely affected, the Commission will issue an Order designating the hearing's time and place. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), FP&L may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty

(20)days from the date of this Order, without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires, if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order. For the Nuclear Regulatory Commission. Dated this 15th day of June 2006. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-10075 Filed 6-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. (as shown in Attachment 1); License Nos. (as shown in Attachment 1); EA-06-137] In the Matter of Operating Power Reactor Licensees Identified In Attachment 1; Order Modifying Licenses (Effective Immediately) The licensees identified in Attachment 1 to this Order hold licenses issued by the U.S. Nuclear Regulatory Commission (NRC or the Commission) authorizing operation of nuclear power plants in accordance with the Atomic Energy Act of 1954 and Title 10 of the *Code of Federal Regulations* (10 CFR) part 50. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees, and eventually Orders to selected licensees, to strengthen licensees' capabilities and readiness to respond to a potential attack on a nuclear facility. On February 25, 2002, the Commission issued an Order to all operating power reactor licensees that required certain compensatory measures be implemented (February 25th Order). On December 2, 2005, the Commission issued a Demand for Information

(DFI)to the power reactor licensees. The DFI required responses regarding whether certain identified key mitigative strategies, related to Section B.5.b. of the February 25th Order, for loss of large areas of the plant due to large fires or explosions were applicable to their facilities. The DFI also required certain related information, including whether the licensees acknowledged that the identified key strategies were required by Section B.5.b. of the February 25th Order. All licensees responded to the DFI with the required information but all responses stated that the strategies were not required by Section B.5.b. As a result of the Commission's continued assessment of Section B.5.b mitigation strategies for loss of large areas of the plant due to large fires or explosions, the Commission has determined that it is necessary at this time to require implementation of certain key radiological protection mitigation strategies. The key radiological protection mitigation strategies are set forth in Attachment 2 1 of this Order. Each licensee must amend its site security plan, safeguards contingency plan, guard training and qualification plan, and emergency plan as appropriate to address the key radiological protection mitigation strategies identified for its facilities. The Commission's assessment of the other mitigating strategies required by Section B.5.b. of the February 25th Order is continuing. 1 Attachment 2 contains SAFEGUARDS INFORMATION and will not be publicly disclosed. Any needed changes to the physical security plan, safeguards contingency plan, guard training and qualification plan, and emergency plan required by 10 CFR 50.34(c), 50.34(d), 73.55(b)(4)(ii), and 50.47(b) respectively, shall be completed and implemented within 120 days of the date of this Order. Pursuant to 10 CFR 2.202, I find that in the circumstances described above, the public health, safety, and interest and the common defense and security require that this Order be immediately effective. Accordingly, pursuant to sections 103, 104, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50 and 73, *it is hereby ordered, effective immediately,* that all licenses identified in attachment 1 to this order are modified as follows: A.1. Each licensee shall revise its physical security plan, safeguards contingency plan, guard training and qualification plan, and emergency plan prepared pursuant to 10 CFR 50.34(c), 50.34(d), 73.55(b)(4)(ii), and 50.47(b), as appropriate, to incorporate the key radiological protection mitigation strategies set forth in Attachment 2 to this Order. In addition, each licensee shall ensure that site procedures, and initial and recurring operations staff training programs, are updated to include the key radiological protection mitigation strategies set forth in Attachment 2 to this Order. 2. Each licensee shall implement any necessary changes to its physical security plan, safeguards contingency plan, guard training and qualification plan, emergency plan, and site procedures and training programs no later than 120 days from the date of this Order. B.1. Each licensee shall, within 35 days of the date of this Order, notify the Commission,

(1)if the licensee is unable to comply with any requirements of this Order,

(2)if compliance with any requirement of this Order is unnecessary in the licensee's specific circumstances, or

(3)if implementation of any requirement of this Order would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide the licensee's justification for seeking relief from, or variation of, any specific requirement. 2. Any licensee that considers that implementation of any of the requirements of this Order would adversely impact safe operation of the facility must notify the Commission, within 35 days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives of this Order, or a schedule for modifying the facilities to address the adverse safety condition. If neither approach is appropriate, the licensee must supplement its response to Condition B.1. of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C. Each licensee shall report to the Commission, in writing, when it has fully implemented this Order. The notification shall be made no later than 120 days from the date of the Order and include substitute security plan, safeguards contingency plan, guard training and qualification plan, and emergency plan pages that reflect any changes made to implement the Order. D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise, except that the licensee may change its physical security plans, safeguards contingency plans, and guard training and qualification plans if authorized by 10 CFR 50.54(p) and may change its revised emergency preparedness plan if authorized by 10 CFR 50.54(q). Licensee responses to Conditions A.1., B.1., B.2., and C. above, shall be submitted in accordance with 10 CFR 50.4. In addition, licensee submittals that contain safeguards information shall be properly marked and handled in accordance with 10 CFR 73.21. The Director, Office of Nuclear Reactor Regulation, may, in writing, relax or rescind any of the above conditions upon demonstration by the licensee of good cause. In accordance with 10 CFR 2.202, the licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 35 days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for an extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555-0001. Copies also shall be sent to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; the Assistant General Counsel for Materials Litigation and Enforcement at the same address; the Regional Administrator for NRC Region I, II, III, or IV, as appropriate for the specific facility; and the licensee if the answer or hearing request is by a person other than the licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final 35 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order. For the Nuclear Regulatory Commission. Dated this 20th day of June 2006. J.E. Dyer, Director, Office of Nuclear Reactor Regulation. Attachment 1—List of Licensees (EA-06-137) Mr. William Levis Senior Vice President and Chief Nuclear Officer PSEG Nuclear LLC—N09 Hope Creek Generating Station, Unit 1 Docket No. 50-354 License No. NPF-57 End of Buttonwood Road Hancocks Bridge, NJ 08038 Mr. Michael Kansler President Entergy Nuclear Operations, Inc. Vermont Yankee Nuclear Power Station Docket No. 50-271 License No. DPR-28 440 Hamilton Avenue White Plains, NY 10601 Mr. Michael Kansler President Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant Docket No. 50-333, License No. DPR-59 440 Hamilton Avenue White Plains, NY 10601 Mr. Michael Kansler President Entergy Nuclear Operations, Inc. Pilgrim Nuclear Power Station, Unit 1 Docket No. 50-293 License No. DPR-35 440 Hamilton Avenue White Plains, NY 10601 Mr. Timothy J. O'Connor Vice President Nine Mile Point Nuclear Station, LLC Nine Mile Point Nuclear Station, Units 1 and 2 Docket Nos. 50-220 & 50-410 License Nos. DPR-63 & NPF-69 348 Lake Road Oswego, NY 13126 Mr. Britt T. McKinney Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC Susquehanna Steam Electric Station, Units 1 and 2 Docket Nos. 50-387 & 50-388 License Nos. NPF-14 & NPF-22 769 Salem Boulevard, NUCSB3 Berwick, PA 18603-0467 Mr. L. M. Stinson Vice President—Nuclear, Hatch Project Southern Nuclear Operating Company, Inc. Edwin I. Hatch Nuclear Plant, Units 1 and 2 Docket Nos. 50-321 & 50-366 License Nos. DPR-57 & NPF-5 40 Inverness Center Parkway Birmingham, AL 35242 Mr. James Scarola Vice President Carolina Power & Light Company Progress Energy, Inc. Brunswick Steam Electric Plant, Units 1 and 2 Docket Nos. 50-325 & 50-324 License Nos. DPR-71 & DPR-62 Hwy 87, 2.5 Miles North Southport, NC 28461 Mr. Brian J. O'Grady Site Vice President Browns Ferry Nuclear Plant, Units 1, 2 and 3 Tennessee Valley Authority Docket Nos. 50-259, 50-260, & 50-296 License Nos. DPR-33, DPR-52, & DPR-68 10835 Shaw Rd. Athens, AL 35611 Mr. Michael Skaggs Site Vice President Watts Bar Nuclear Plant, Unit 1 Tennessee Valley Authority Docket No. 50-390 License No. NPF-90 Highway 68 Near Spring City Spring City, TN 37381 Mr. Randy Douet Site Vice President Sequoyah Nuclear Plant, Units 1 and 2 Tennessee Valley Authority Docket Nos. 50-327 and 50-328 License Nos. DPR-77 and DPR-79 2000 Igou Ferry Road Soddy Daisy, TN 37379 Mr. Mano K. Nazar Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group Donald C. Cook Nuclear Plant, Units 1 and 2 Docket Nos. 50-315 & 50-316 License Nos. DPR-58 & DPR-74 One Cook Place Bridgman, MI 49106 Mr. Gary Van Middlesworth Vice President Duane Arnold Energy Center Docket No. 50-331 License No. DPR-49 3277 DAEC Road Palo, IA 52324-9785 Mr. Donald K. Cobb Assistant Vice President—Nuclear Generation Detroit Edison Company Fermi, Unit 2 Docket No. 50-341 License No. NPF-43 6400 North Dixie Highway Newport, MI 48166 Mr. John Conway Site Vice President Nuclear Management Company, LLC Monticello Nuclear Generating Plant Docket No. 50-263 License No. DPR-22 2807 West County Road 75 Monticello, MN 55362-9637 Mr. Randall K. Edington Vice President—Nuclear and CNO Nebraska Public Power District Cooper Nuclear Station Docket No. 50-298 License No. DPR-46 1200 Prospect Road Brownville, NE 68321 Mr. J.V. Parrish Chief Executive Officer Energy Northwest Columbia Generating Station Docket No. 50-397 License No. NPF-21 Snake River Warehouse North Power Plant Loop Richland, WA 99352 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC Oyster Creek Nuclear Generating Station Docket No. 50-219 License No. DPR-16 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Dresden Nuclear Power Station, Units 2 and 3 Docket Nos. 50-237 & 50-249 License Nos. DPR-19 &, DPR-25 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC LaSalle County Station, Units 1 and 2 Docket Nos. 50-373 & 50-374 License Nos. NPF-11 & NPF-18 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Quad Cities Nuclear Power Station, Units 1 and 2 Docket Nos. 50-254 & 50-265 License Nos. DPR-29 & DPR-30 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Limerick Generating Station, Units 1 and 2 Docket Nos. 50-352 & 50-353 License Nos. NPF-39 & NPF-85 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC Peach Bottom Atomic Power Station, Units 2 and 3 Docket Nos. 50-277 & 50-278 License Nos. DPR-44 & DPR-56 4300 Winfield Road Warrenville, IL 60555 [FR Doc. E6-10076 Filed 6-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Meeting Notice In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards

(ACRS)will hold a meeting on July 12-14, 2006, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the **Federal Register** on Tuesday, November 22, 2005 (70 FR 70638). Wednesday, July 12, 2006, Conference Room T-2b3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10 a.m.: Final Review of the License Renewal Application for the Nine Mile Point Nuclear Station* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Constellation Energy Company, LLC regarding the license renewal application for the Nine Mile Point Nuclear Station, Units 1 and 2 and the associated NRC staff's final Safety Evaluation Report. *10:15 a.m.-11:45 a.m.: Results of the Study to Determine the Need for Establishing Limits for Phosphate Ion Concentration* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and their contractor regarding the results of the study for use by the staff in deciding on the need for establishing limits for phosphate ion concentration in groundwater at the sites of plants applying for license renewal. *12:45 p.m.-4 p.m.: Integrating Risk and Safety Margins* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding a proposed framework for integrating risk and safety margins. *4:15 p.m.-4:45 p.m.: Subcommittee Report* (Open)—Report by and discussions with the chairman of the ACRS Subcommittee on Thermal-Hydraulic Phenomena regarding the status of activities associated with the resolution of Generic Safety Issue-191—Assessment of Debris Accumulation on PWR Sump Performance that were discussed during the June 13-14, 2006 Subcommittee meeting. *4:45 p.m.-6:45 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports on matters considered during this meeting. In addition, the Committee will discuss a response to the May 2, 2006 letter from the NRC Executive Director for Operations, responding to the March 24, 2006 (Revised April 10, 2006) ACRS report on GSI-191—Assessment of Debris Accumulation on PWR Sump Performance. Thursday, July 13, 2006, Conference Room T-2b3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10:30 a.m.: Safeguards and Security Matters* (Closed)—The Committee will hear presentations by and hold discussions with the NRC staff regarding safeguards and security matters. [Note: This session will be closed to protect information classified as National Security information as well as safeguards information pursuant to 5 U.S.C. 552b

(1)and (3)]. *10:45 a.m.-11 a.m.: Subcommittee Report* (Open)—The Committee will hear a report by and hold discussions with the cognizant Acting Chairman of the ACRS Subcommittee on Digital Instrumentation and Control Systems regarding matters discussed during the Subcommittee meeting on June 27, 2006. *11 a.m.-12 Noon: Future ACRS Activities/Report of the Planning and Procedures Subcommittee* (Open)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. Also, it will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, including anticipated workload and member assignments. *12 Noon-12:15 p.m.: Reconciliation of ACRS Comments and Recommendations* (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. *1:15 P.M.-7 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports. Friday, July 14, 2006, Conference Room T-2b3, Two White Flint North, Rockville, Maryland *8:30 a.m.-12 Noon: Preparation of ACRS Reports* (Open)—The Committee will continue discussion of proposed ACRS reports. *12 Noon—12:30 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 29, 2005 (70 FR 56936). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. In accordance with Subsection 10(d), Pub. L. 92-463, I have determined that it will be necessary to close a portion of this meeting noted above to discuss and protect information classified as National Security information as well as safeguards information pursuant to 5 U.S.C. 552b(c)(1) and (3). Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Mr. Sam Duraiswamy, Cognizant ACRS staff (301-415-7364), between 7:30 a.m. and 4:15 p.m., e.t. ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov* , or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System

(PARS)component of NRC's document system (ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/* (ACRS & ACNW Mtg schedules/agendas). Videoteleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m., e.t., at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the videoteleconferencing link. The availability of videoteleconferencing services is not guaranteed. Dated: June 22, 2006. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E6-10109 Filed 6-26-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Notice Dates: Weeks of June 26, July 3, 10, 17, 24, 31, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered: Week of June 26, 2006 There are no meetings scheduled for the Week of June 26, 2006. Week of July 3, 2006—Tentative There are no meetings scheduled for the Week of July 3, 2006. Week of July 10, 2006—Tentative There are no meetings scheduled for the Week of July 10, 2006. Week of July 17, 2006—Tentative There are no meeting scheduled for the Week of July 17, 2006. Week of July 24, 2006—Tentative Thursday, July 27, 2006 9:30 a.m. Briefing on Office of International Programs

(OIP)Programs, Performance, and Plans (Public Meeting) (Contact: Karen Henderson,

(301)415-0202). This meeting will be webcast live at the Web address, *http://www.nrc.gov* . 1:30 p.m. Briefing on Equal Employment Opportunity

(EEO)Programs. (Public Meeting) (Contact: Barbara Williams,

(301)415-7388). This meeting will be webcast live at the Web address, *http://www.nrc.gov* . Week of July 31, 2006—Tentative There are no meetings scheduled for the Week of July 31, 2006. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html* . Additional Information: The Affirmation of “AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station) Docket No. 50-0219, Legal challenges to LBP-06-07 and LBP-06-11” which tentatively was scheduled on Friday, June 23, 2006 at 9 a.m. has been postponed and will be rescheduled. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format ( *e.g.* braille, large print) please notify the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041, TTD: 301-415-2100, or by e-mail at *DLC@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov* . Dated: June 22, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-5760 Filed 6-23-06; 12:20 pm]

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