In the Matter of: ATTN: Mr. David F. Johns, President, Soil Consultants, Inc., 9393 Center Street, Manassas, VA 20110-5547; Confirmatory Order Modifying License (Effective Immediately), 23894-23895 [05-8945]
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23894
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices
Cornell University’s Institute on
Conflict Resolution.
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–33635, License No. 45–
15200–04, EA–04–103]
In the Matter of: ATTN: Mr. David F.
Johns, President, Soil Consultants,
Inc., 9393 Center Street, Manassas, VA
20110–5547; Confirmatory Order
Modifying License (Effective
Immediately)
I
Soil Consultants, Inc. (SCI or
Licensee) is the holder of Materials
License No. 45–15200–04 issued by the
Nuclear Regulatory Commission (NRC
or Commission) on October 6, 2004,
Amendment No. 03. The license
authorizes the Licensee to use sealed
source(s) contained in portable gauging
devices (registered pursuant to 10 CFR
32.320 or equivalent Agreement State
regulation) for measuring properties of
materials in accordance with the
conditions specified therein.
II
An investigation of the Licensee’s
activities was completed on February
11, 2004. The results of this
investigation and the NRC’s further
consideration of this matter, including a
predecisional enforcement conference
held with you on August 12, 2004,
indicated that the Licensee had not
conducted its activities in full
compliance with NRC requirements. A
written Notice of Violation and
Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee
by letter dated October 6, 2004. The
Notice states the nature of violation, the
provision of the NRC’s requirements
that the Licensee had violated, and the
amount of the civil penalty proposed for
the violation. The licensee responded in
letters dated November 5, 2004, and
December 5, 2004, and denied a
violation occurred. An Order Imposing
a civil penalty was served upon the
Licensee by letter dated February 1,
2005. The February 1st letter offered SCI
the opportunity either to pay the civil
penalty, request a hearing, or request
alternative dispute resolution (ADR) in
which a neutral mediator with no
decision-making authority would
facilitate discussions between the NRC
and SCI and, if possible, assist the NRC
and SCI in reaching an agreement on
resolving the concern. SCI chose to
participate in ADR. On March 16, 2005,
the NRC and SCI met at NRC
Headquarters in Rockville, Maryland in
an ADR session mediated by a
professional mediator, arranged through
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13:10 May 04, 2005
Jkt 205001
III
By letter dated April 8, 2005, the
Licensee has agreed that in addition to
the corrective actions outlined in their
letters to the NRC dated November 5,
2004, and December 2, 2004, SCI would
take certain additional measures to
emphasize the importance of a Safety
Conscious Work Environment at their
facility. The Licensee agreed to:
1. Hire an outside consultant to:
a. Provide insight and develop an
initial training module addressing a
safety conscious work environment
(SCWE) and 10 CFR 30.7, Employee
protection,’’ by no later than five
months from the date of issuance of the
Confirmatory Order,
b. Conduct initial training for
managers and employees of SCI using
the module by no later than six months
from the date of issuance of the
Confirmatory Order, and
c. Develop a refresher training module
addressing SCWE and 10 CFR 30.7 for
the managers and employees of SCI by
no later than six months from the date
of issuance of the Confirmatory Order.
2. By no later than six months from
the date of issuance of the Confirmatory
Order, SCI shall revise its training
program requirements to conduct
refresher training of SCWE and 10 CFR
30.7 at a frequency consistent with SCI’s
general employee training.
3. By no later than six months from
the date of issuance of the Confirmatory
Order, SCI shall revise its training
program requirements to conduct SCWE
and 10 CFR 30.7 training for new
managers and employees of SCI, within
sixty days of their assumption of duties.
4. Pay a civil penalty in the amount
of $1,200 for a violation of 10 CFR 30.7,
‘‘Employee protection,’’ requirements
within thirty days of the date of
issuance of the Confirmatory Order.
On April 18, 2005, SCI consented to
the NRC issuing this Confirmatory
Order, as described in Section IV below.
SCI further agreed in its April 18, 2005,
letter that this Confirmatory Order is to
be effective upon issuance and that it
has waived its right to a hearing. The
NRC has concluded that its concerns
can be resolved through effective
implementation of SCI’s commitments.
I find that the Licensee’s
commitments as set forth in Section IV
are acceptable and necessary and
conclude that with these commitments
the public health and safety are
reasonably assured. In view of the
foregoing, I have determined that the
public health and safety require that
SCI’s commitments be confirmed by this
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Frm 00061
Fmt 4703
Sfmt 4703
Order. Based on the above and SCI’s
consent, this Order is immediately
effective upon issuance. SCI is required
to provide the NRC with a letter
summarizing its actions when all of the
Section IV requirements have been
completed.
IV
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 182, and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202 and 10 CFR part 30, it is
hereby ordered, effective immediately,
that License No. 45–15200–04 is
modified as follows:
1. The Licensee shall hire an outside
consultant to:
a. Provide insight and develop an
initial training module addressing a
safety conscious work environment
(SCWE) and 10 CFR 30.7, Employee
protection,’’ by no later than five
months from the date of issuance of the
Confirmatory Order,
b. Conduct initial training for
managers and employees of SCI using
the module by no later than six months
from the date of issuance of the
Confirmatory Order, and
c. Develop a refresher training module
addressing SCWE and 10 CFR 30.7 for
the managers and employees of SCI by
no later than six months from the date
of issuance of the Confirmatory Order.
2. The Licensee shall revise its
training program requirements to
conduct refresher training of SCWE and
10 CFR 30.7 at a frequency consistent
with SCI’s general employee training, by
no later than six months from the date
of issuance of the Confirmatory Order.
3. By no later than six months from
the date of issuance of the Confirmatory
Order, the Licensee shall revise its
training program requirements to
conduct SCWE and 10 CFR 30.7 training
for new managers and employees of SCI,
within sixty days of their assumption of
duties.
4. Pay a civil penalty in the amount
of $1,200 for a violation of 10 CFR 30.7,
‘‘Employee protection,’’ requirements
within thirty days of the date of
issuance of the Confirmatory Order.
The Director, Office of Enforcement,
may relax or rescind, in writing, any of
the above conditions upon a showing by
SCI of good cause.
V
Any person adversely affected by this
Confirmatory Order, other than the
Licensee, may request a hearing within
20 days of its issuance. Where good
cause is shown, consideration will be
given to extending the time to request a
hearing. A request for extension of time
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Notices
must be made in writing to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, and include a statement of
good cause for the extension. Any
request for a hearing shall be submitted
to the Secretary, U.S. Nuclear
Regulatory Commission, ATTN:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to
the Assistant General Counsel for
Materials Litigation and Enforcement at
the same address, to the Regional
Administrator, NRC Region I, 475
Allendale Road, King of Prussia, PA
19406–1415, and to the Licensee.
Because of continuing 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 either by means of facsimile
transmission to 301–415–3725 or by email 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 interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section IV above shall be final 20 days
from the date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this Order.
Dated this 27th day of April, 2005.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05–8945 Filed 5–4–05; 8:45 am]
BILLING CODE 7590–01–P
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13:10 May 04, 2005
Jkt 205001
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–315 and 50–316]
Indiana Michigan Power Company and
Donald C. Cook Nuclear Plant, Units 1
and 2; Notice of Availability of the Final
Supplement 20 to the Generic
Environmental Impact Statement for
the License Renewal of Donald C.
Cook Nuclear Plant, Units 1 and 2
Notice is hereby given that the U.S.
Nuclear Regulatory Commission (the
Commission) has published a final
plant-specific supplement to the
‘‘Generic Environmental Impact
Statement (GEIS), NUREG–1437,’’
regarding the renewal of operating
licenses DPR–58 and DPR–74 for an
additional 20 years of operation at
Donald C. Cook Nuclear Plant, Units 1
and 2 (CNP). CNP is located in Berrien
County, Michigan, about 55 miles east
of Chicago, Illinois. Possible alternatives
to the proposed action (license renewal)
include no action and reasonable
alternative energy sources.
In Section 9.3 of the final Supplement
20 to the GEIS, the staff concludes that
based on: (1) The analysis and findings
in the GEIS; (2) the environmental
report submitted by Indiana Michigan
Power Company; (3) consultation with
Federal, State, and local agencies; (4)
the staff’s own independent review; and
(5) the staff’s consideration of public
comments, the recommendation of the
staff is that the Commission determine
that the adverse environmental impacts
of license renewal for CNP Units 1 and
2 are not so great that preserving the
option of license renewal for energyplanning decision makers would be
unreasonable.
The final Supplement 20 to the GEIS
is available for public inspection in the
NRC Public Document Room (PDR)
located at One White Flint North, 11555
Rockville Pike, Rockville, Maryland, or
from the Publicly Available Records
(PARS) component of NRC’s
Agencywide Documents Access and
Management System (ADAMS). ADAMS
is accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/
adams.html (the Public Electronic
Reading Room). Persons who do not
have access to ADAMS, or who
encounter problems in accessing the
documents located in ADAMS, should
contact the PDR reference staff at 1–
800–397–4209, 301–415–4737, or by email to pdr@nrc.gov. In addition, the
Bridgman Public Library, 4460 Lake
Street, Bridgman, Michigan and the
Maud Preston Palenske Memorial
Library, 500 Market Street, St. Joseph,
Michigan, have agreed to make the final
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Fmt 4703
Sfmt 4703
23895
plant-specific supplement to the GEIS
available for public inspection.
FOR FURTHER INFORMATION, CONTACT: Mr.
William Dam, License Renewal and
Environmental Impacts Program,
Division of Regulatory Improvement
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Mr. Dam may be contacted at 301–415–
4014 or via e-mail WLD@nrc.gov.
Dated at Rockville, Maryland, this 22nd
day of April, 2005.
For the Nuclear Regulatory Commission.
Pao-Tsin Kuo,
Program Director, License Renewal and
Environmental Impacts Program, Division of
Regulatory Improvement Programs, Office of
Nuclear Reactor Regulation.
[FR Doc. 05–8947 Filed 5–4–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Number 030–04781]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment for Pharmacia and Upjohn
Company, Kalamzoo, MI
Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:
Dr.
Peter J. Lee, Decommissioning Branch,
Division of Nuclear Materials Safety,
U.S. Nuclear Regulatory Commission,
Region III, 2443 Warrenville Road, Lisle,
Illinois 60532–4352. Telephone: 630–
829–9870; fax number: 630–515–1259;
e-mail: pjl2@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuing a license amendment of Material
License No. 21–00182–03 issued to
Pharmacia & Upjohn Company (the
licensee), to authorize release of its
Henrietta Street and Jasper Street
facilities for unrestricted use.
The NRC staff has prepared an
Environmental Assessment (EA) in
support of this amendment in
accordance with the requirements of 10
CFR Part 51. Based on the EA, the NRC
has concluded that a Finding of No
Significant Impact (FONSI) is
appropriate. The amendment will be
issued following the publication of this
Notice.
II. EA Summary
The purpose of the proposed action is
to amend the licensee’s byproduct
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Notices]
[Pages 23894-23895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8945]
[[Page 23894]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33635, License No. 45-15200-04, EA-04-103]
In the Matter of: ATTN: Mr. David F. Johns, President, Soil
Consultants, Inc., 9393 Center Street, Manassas, VA 20110-5547;
Confirmatory Order Modifying License (Effective Immediately)
I
Soil Consultants, Inc. (SCI or Licensee) is the holder of Materials
License No. 45-15200-04 issued by the Nuclear Regulatory Commission
(NRC or Commission) on October 6, 2004, Amendment No. 03. The license
authorizes the Licensee to use sealed source(s) contained in portable
gauging devices (registered pursuant to 10 CFR 32.320 or equivalent
Agreement State regulation) for measuring properties of materials in
accordance with the conditions specified therein.
II
An investigation of the Licensee's activities was completed on
February 11, 2004. The results of this investigation and the NRC's
further consideration of this matter, including a predecisional
enforcement conference held with you on August 12, 2004, indicated that
the Licensee had not conducted its activities in full compliance with
NRC requirements. A written Notice of Violation and Proposed Imposition
of Civil Penalty (Notice) was served upon the Licensee by letter dated
October 6, 2004. The Notice states the nature of violation, the
provision of the NRC's requirements that the Licensee had violated, and
the amount of the civil penalty proposed for the violation. The
licensee responded in letters dated November 5, 2004, and December 5,
2004, and denied a violation occurred. An Order Imposing a civil
penalty was served upon the Licensee by letter dated February 1, 2005.
The February 1st letter offered SCI the opportunity either to pay the
civil penalty, request a hearing, or request alternative dispute
resolution (ADR) in which a neutral mediator with no decision-making
authority would facilitate discussions between the NRC and SCI and, if
possible, assist the NRC and SCI in reaching an agreement on resolving
the concern. SCI chose to participate in ADR. On March 16, 2005, the
NRC and SCI met at NRC Headquarters in Rockville, Maryland in an ADR
session mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution.
III
By letter dated April 8, 2005, the Licensee has agreed that in
addition to the corrective actions outlined in their letters to the NRC
dated November 5, 2004, and December 2, 2004, SCI would take certain
additional measures to emphasize the importance of a Safety Conscious
Work Environment at their facility. The Licensee agreed to:
1. Hire an outside consultant to:
a. Provide insight and develop an initial training module
addressing a safety conscious work environment (SCWE) and 10 CFR 30.7,
Employee protection,'' by no later than five months from the date of
issuance of the Confirmatory Order,
b. Conduct initial training for managers and employees of SCI using
the module by no later than six months from the date of issuance of the
Confirmatory Order, and
c. Develop a refresher training module addressing SCWE and 10 CFR
30.7 for the managers and employees of SCI by no later than six months
from the date of issuance of the Confirmatory Order.
2. By no later than six months from the date of issuance of the
Confirmatory Order, SCI shall revise its training program requirements
to conduct refresher training of SCWE and 10 CFR 30.7 at a frequency
consistent with SCI's general employee training.
3. By no later than six months from the date of issuance of the
Confirmatory Order, SCI shall revise its training program requirements
to conduct SCWE and 10 CFR 30.7 training for new managers and employees
of SCI, within sixty days of their assumption of duties.
4. Pay a civil penalty in the amount of $1,200 for a violation of
10 CFR 30.7, ``Employee protection,'' requirements within thirty days
of the date of issuance of the Confirmatory Order.
On April 18, 2005, SCI consented to the NRC issuing this
Confirmatory Order, as described in Section IV below. SCI further
agreed in its April 18, 2005, letter that this Confirmatory Order is to
be effective upon issuance and that it has waived its right to a
hearing. The NRC has concluded that its concerns can be resolved
through effective implementation of SCI's commitments.
I find that the Licensee's commitments as set forth in Section IV
are acceptable and necessary and conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that the public health and safety require
that SCI's commitments be confirmed by this Order. Based on the above
and SCI's consent, this Order is immediately effective upon issuance.
SCI is required to provide the NRC with a letter summarizing its
actions when all of the Section IV requirements have been completed.
IV
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 30, it is hereby ordered,
effective immediately, that License No. 45-15200-04 is modified as
follows:
1. The Licensee shall hire an outside consultant to:
a. Provide insight and develop an initial training module
addressing a safety conscious work environment (SCWE) and 10 CFR 30.7,
Employee protection,'' by no later than five months from the date of
issuance of the Confirmatory Order,
b. Conduct initial training for managers and employees of SCI using
the module by no later than six months from the date of issuance of the
Confirmatory Order, and
c. Develop a refresher training module addressing SCWE and 10 CFR
30.7 for the managers and employees of SCI by no later than six months
from the date of issuance of the Confirmatory Order.
2. The Licensee shall revise its training program requirements to
conduct refresher training of SCWE and 10 CFR 30.7 at a frequency
consistent with SCI's general employee training, by no later than six
months from the date of issuance of the Confirmatory Order.
3. By no later than six months from the date of issuance of the
Confirmatory Order, the Licensee shall revise its training program
requirements to conduct SCWE and 10 CFR 30.7 training for new managers
and employees of SCI, within sixty days of their assumption of duties.
4. Pay a civil penalty in the amount of $1,200 for a violation of
10 CFR 30.7, ``Employee protection,'' requirements within thirty days
of the date of issuance of the Confirmatory Order.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by SCI of good
cause.
V
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within 20 days of its
issuance. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time
[[Page 23895]]
must be made in writing to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and include a
statement of good cause for the extension. Any request for a hearing
shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region I, 475 Allendale Road, King of Prussia, PA 19406-1415, and to
the Licensee. Because of continuing 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
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 interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section IV shall be final when the extension expires if a
hearing request has not been received. An answer or a request for
hearing shall not stay the immediate effectiveness of this Order.
Dated this 27th day of April, 2005.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05-8945 Filed 5-4-05; 8:45 am]
BILLING CODE 7590-01-P