In the Matter of R&M Engineering Consultants, Fairbanks, AK; Confirmatory Order Modifying License (Effective Immediately), 28585-28586 [E5-2490]
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Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
this final decision in the Federal
Register.
Signed in Washington, DC this 9th day of
May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05–9869 Filed 5–17–05; 8:45 am]
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (05–090)]
Notice of Prospective Patent License
National Aeronautics and
Space Administration.
ACTION: Notice of prospective patent
license.
AGENCY:
SUMMARY: NASA hereby gives notice
that Turfgrass Management, Inc., a
Nevada corporation, has applied for a
partially exclusive license to practice
the inventions described and claimed in
U.S. Patent Numbers 5,433,766 (‘‘SlowRelease Fertilizer’’) and 5,451,242
(‘‘Active Synthetic Soil’’). These patents
are assigned to the United States of
America as represented by the
Administrator of the National
Aeronautics and Space Administration.
Written objections to the prospective
grant of a license should be sent to the
Johnson Space Center.
DATES: Responses to this Notice must be
received within 15 days from date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Theodore Ro, Patent Attorney, NASA
Johnson Space Center, Mail Stop AL,
Houston, TX 77058–8452; telephone
(281) 244–7148.
Dated: May 5, 2005.
Keith T. Sefton,
Deputy General Counsel, Administration and
Management.
[FR Doc. 05–9937 Filed 5–17–05; 8:45 am]
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[Docket No. 030–33802, License No. 50–
23220–02, and EA–05–023]
In the Matter of R&M Engineering
Consultants, Fairbanks, AK;
Confirmatory Order Modifying License
(Effective Immediately)
R&M Engineering Consultants (R&M
or Licensee) is the holder of NRC
License No. 50–23220–02 issued by the
Nuclear Regulatory Commission (NRC
or Commission) pursuant to 10 CFR Part
VerDate jul<14>2003
14:03 May 17, 2005
Jkt 205001
30. The license authorizes the Licensee
to possess portable nuclear density
gauges containing sealed sources of
byproduct material and maintain them
in storage until termination of the
license. The possession and storage-only
license was originally issued March 24,
1995, was last modified on September
21, 1999, with an expiration date of
February 28, 2005.
An inspection conducted by NRC
Region IV in June 2004 identified an
apparent failure on the part of R&M to
leak-test two portable nuclear density
gauges in accordance with the
conditions of the license. License
Condition 12.D. requires, in part, that no
sealed source or detector cell shall be
stored for a period of more than three
(3) years without being tested for
leakage and/or contamination. This
requirement was proposed by R&M in
information submitted to the NRC with
the 1995 license amendment request to
modify the license to possess and store
byproduct material. In addition, the
inspection identified an apparent failure
on the part of R&M to provide accurate
information to the NRC in accordance
with the requirements of 10 CFR 30.9.
Specifically, Mr. James Wellman,
R&M’s President, informed the NRC in
a September 17, 2002, e-mail that he
had performed leak tests of the gauges
and had sent swabs to Radiation
Detection Company in Sunnyvale,
California for evaluation. The inspection
found no evidence that R&M’s portable
nuclear gauges had been leak-tested
since the possession and storage-only
license was issued in 1995. A follow-up
investigation by the NRC’s Office of
Investigations (OI) concluded in
December 2004 that Mr. Wellman
willfully failed to leak-test the portable
gauges in accordance with the
requirements of the license. In addition,
based on a review of the information in
the investigation report, it appears that
Mr. Wellman willfully failed to provide
NRC accurate information in his
September 2002 e-mail.
On February 8, 2005, representatives
of NRC Region IV contacted Mr.
Wellman by telephone to discuss the
results of the inspection and
investigation. NRC Region IV informed
Mr. Wellman that the NRC was
considering escalated enforcement
action, including possible monetary
civil penalties for the apparent
violations described above. Mr.
Wellman has previously stated his
intent to transfer the gauges and
terminate the license. During the
telephonic discussion, NRC Region IV
asked Mr. Wellman if he would agree to
take prompt action to transfer the gauges
and request termination of R&M’s NRC
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
28585
license in lieu of NRC pursuing
escalated enforcement action. Mr.
Wellman agreed to these actions during
the telephone call, and subsequently
consented to these actions in response
to a letter and a copy of the
Confirmatory Order containing the
proposed conditions that the NRC sent
to Mr. Wellman on February 25, 2005.
In a consent form signed on March 16,
2005, R&M Engineering Consultants
agreed to all of the commitments
described in Section IV below. The
Licensee further agreed that this Order
would be effective upon issuance and
that R&M waived its right to a hearing
on this Order. Implementation of these
commitments will ensure that licensed
material is appropriately handled and
disposed of.
I find that the Licensee’s
commitments as described in Section IV
below 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 the
Licensee’s commitments be confirmed
by this Order. Based on the above and
Licensee’s consent, this Order is
immediately effective upon issuance.
Accordingly, pursuant to Sections 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. 50–23220–02 is modified as
follows:
1. Within 30 days of the date of the
Confirmatory Order, leak test and obtain
the results of leak tests for all sealed
sources contained in portable nuclear
gauging devices possessed under the
authority of License No. 50–23220–02.
2. Within 35 days of the date of the
Confirmatory Order, provide the
Director, Division of Nuclear Materials
Safety, NRC Region IV, 611 Ryan Plaza
Drive, Suite 400, Arlington, Texas
76011, with a copy of the results of the
leak tests.
3. Within 45 days of the date of the
Confirmatory Order, complete the
transfer of all portable nuclear gauging
devices possessed under the authority of
License No. 50–23220–02 to an
authorized recipient.
4. Within 50 days of the date of the
Confirmatory Order, provide the
Director, Division of Nuclear Materials
Safety, NRC Region IV, 611 Ryan Plaza
Drive, Suite 400, Arlington, Texas
76011, with copies of documents
demonstrating that the transfer has
taken place.
5. Within 60 days of the date of the
Confirmatory Order, submit to the
E:\FR\FM\18MYN1.SGM
18MYN1
28586
Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
Director, Division of Nuclear Materials
Safety, NRC Region IV, 611 Ryan Plaza
Drive, Suite 400, Arlington, Texas
76011, a request for termination of
License No. 50–23220–02, using NRC
Form 314.
The Regional Administrator, Region
IV, may relax or rescind, in writing, any
of the above conditions upon a showing
by the Licensee of good cause.
In accordance with 10 CFR 2.202, any
person adversely affected by this
Confirmatory Order, other than the
Licensee, may request a hearing on this
Order 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 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
IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, TX 76011, 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)(1) 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
VerDate jul<14>2003
14:03 May 17, 2005
Jkt 205001
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.
For the Nuclear Regulatory Commission.
Dated this 9th day of May, 2005.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. E5–2490 Filed 5–17–05; 8:45 am]
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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 June 1–3, 2005, 11545 Rockville
Pike, Rockville, Maryland. The date of
this meeting was previously published
in the Federal Register on Wednesday,
November 24, 2004 (69 FR 68412).
Wednesday, June 1, 2005, 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.—9:45 a.m.: Interim Review of
the License Renewal Application for
the Point Beach Nuclear Plant, Units
1 and 2 (Open)—The Committee will
hear presentations by and hold
discussions with representatives of
the NRC staff and the Nuclear
Management Company, LLC regarding
the license renewal application for the
Point Beach Nuclear Plant, Units 1
and 2 and the associated draft Safety
Evaluation Report prepared by the
NRC staff, as well as the progress
being made by the NRC staff and the
applicant in resolving the issue of
potential common-mode failure of the
auxiliary feedwater pumps due to
operator actions specified in the plant
procedures, and related issues.
10 a.m.—11:30 a.m.: Draft Commission
Paper on Policy Issues Related to New
Plant Licensing (Open)—The
Committee will hear presentations by
and hold discussions with
representatives of the NRC staff
regarding the draft Commission paper
on policy issues (integrated risk and
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
level of safety) related to new plant
licensing.
12:30 p.m.—2 p.m.: Fire Risk
Requantification and Probabilistic
Risk Analysis (PRA) Methodology for
Nuclear Power Plants (Open)—The
Committee will hear presentations by
and hold discussions with
representatives of the NRC staff and
Electric Power Research Institute
(EPRI) regarding draft final NUREG/
CR–6850, ‘‘EPRI/NRC–RES Fire PRA
Methodology for Nuclear Power
Facilities,’’ and related matters.
2:15 p.m.—4:15 p.m.: Draft Commission
Paper on Proposed Alternatives to the
Existing Single Failure Criterion
(Open)—The Committee will hear
presentations by and hold discussions
with representatives of the NRC staff
regarding the draft Commission Paper
on the proposed risk-informed and
performance-based alternatives to the
existing single failure criterion.
4:30 p.m.—7 p.m.: Preparation of ACRS
Reports (Open)—The Committee will
discuss proposed ACRS reports on
matters considered during this
meeting as well as a proposed report
responding to the Commission request
in the April 26, 2005 Staff
Requirements Memorandum
regarding the ACRS assessment of the
quality of the NRC research projects.
Thursday, June 2, 2005, 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.: Draft Safety
Evaluation Report Related to Grand
Gulf Early Site Permit Application
(Open)—The Committee will hear
presentations by and hold discussions
with representatives of the NRC staff
and System Energy Resources Inc.
regarding the NRC staff’s draft Safety
Evaluation Report related to the
Grand Gulf Early Site Permit
Application.
10:15 a.m.—11:45 a.m.: Draft Final
Regulatory Guide, ‘‘Risk-Informed,
Performance-Based Fire Protection for
Existing Light-Water Nuclear Power
Plants’’ (Open)—The Committee will
hear presentations by and hold
discussions with representatives of
the NRC staff and the Nuclear Energy
Institute (NEI) regarding the draft final
Regulatory Guide, ‘‘Risk-Informed,
Performance-Based Fire Protection for
Existing Light-Water Nuclear Power
Plants,’’ which endorses, with certain
exceptions, NEI document, NEI 04–
02, ‘‘Guidance for Implementing a
E:\FR\FM\18MYN1.SGM
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Agencies
[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28585-28586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2490]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33802, License No. 50-23220-02, and EA-05-023]
In the Matter of R&M Engineering Consultants, Fairbanks, AK;
Confirmatory Order Modifying License (Effective Immediately)
R&M Engineering Consultants (R&M or Licensee) is the holder of NRC
License No. 50-23220-02 issued by the Nuclear Regulatory Commission
(NRC or Commission) pursuant to 10 CFR Part 30. The license authorizes
the Licensee to possess portable nuclear density gauges containing
sealed sources of byproduct material and maintain them in storage until
termination of the license. The possession and storage-only license was
originally issued March 24, 1995, was last modified on September 21,
1999, with an expiration date of February 28, 2005.
An inspection conducted by NRC Region IV in June 2004 identified an
apparent failure on the part of R&M to leak-test two portable nuclear
density gauges in accordance with the conditions of the license.
License Condition 12.D. requires, in part, that no sealed source or
detector cell shall be stored for a period of more than three (3) years
without being tested for leakage and/or contamination. This requirement
was proposed by R&M in information submitted to the NRC with the 1995
license amendment request to modify the license to possess and store
byproduct material. In addition, the inspection identified an apparent
failure on the part of R&M to provide accurate information to the NRC
in accordance with the requirements of 10 CFR 30.9.
Specifically, Mr. James Wellman, R&M's President, informed the NRC
in a September 17, 2002, e-mail that he had performed leak tests of the
gauges and had sent swabs to Radiation Detection Company in Sunnyvale,
California for evaluation. The inspection found no evidence that R&M's
portable nuclear gauges had been leak-tested since the possession and
storage-only license was issued in 1995. A follow-up investigation by
the NRC's Office of Investigations (OI) concluded in December 2004 that
Mr. Wellman willfully failed to leak-test the portable gauges in
accordance with the requirements of the license. In addition, based on
a review of the information in the investigation report, it appears
that Mr. Wellman willfully failed to provide NRC accurate information
in his September 2002 e-mail.
On February 8, 2005, representatives of NRC Region IV contacted Mr.
Wellman by telephone to discuss the results of the inspection and
investigation. NRC Region IV informed Mr. Wellman that the NRC was
considering escalated enforcement action, including possible monetary
civil penalties for the apparent violations described above. Mr.
Wellman has previously stated his intent to transfer the gauges and
terminate the license. During the telephonic discussion, NRC Region IV
asked Mr. Wellman if he would agree to take prompt action to transfer
the gauges and request termination of R&M's NRC license in lieu of NRC
pursuing escalated enforcement action. Mr. Wellman agreed to these
actions during the telephone call, and subsequently consented to these
actions in response to a letter and a copy of the Confirmatory Order
containing the proposed conditions that the NRC sent to Mr. Wellman on
February 25, 2005.
In a consent form signed on March 16, 2005, R&M Engineering
Consultants agreed to all of the commitments described in Section IV
below. The Licensee further agreed that this Order would be effective
upon issuance and that R&M waived its right to a hearing on this Order.
Implementation of these commitments will ensure that licensed material
is appropriately handled and disposed of.
I find that the Licensee's commitments as described in Section IV
below 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 the Licensee's commitments be confirmed by this
Order. Based on the above and Licensee's consent, this Order is
immediately effective upon issuance. Accordingly, pursuant to Sections
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.
50-23220-02 is modified as follows:
1. Within 30 days of the date of the Confirmatory Order, leak test
and obtain the results of leak tests for all sealed sources contained
in portable nuclear gauging devices possessed under the authority of
License No. 50-23220-02.
2. Within 35 days of the date of the Confirmatory Order, provide
the Director, Division of Nuclear Materials Safety, NRC Region IV, 611
Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, with a copy of the
results of the leak tests.
3. Within 45 days of the date of the Confirmatory Order, complete
the transfer of all portable nuclear gauging devices possessed under
the authority of License No. 50-23220-02 to an authorized recipient.
4. Within 50 days of the date of the Confirmatory Order, provide
the Director, Division of Nuclear Materials Safety, NRC Region IV, 611
Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, with copies of
documents demonstrating that the transfer has taken place.
5. Within 60 days of the date of the Confirmatory Order, submit to
the
[[Page 28586]]
Director, Division of Nuclear Materials Safety, NRC Region IV, 611 Ryan
Plaza Drive, Suite 400, Arlington, Texas 76011, a request for
termination of License No. 50-23220-02, using NRC Form 314.
The Regional Administrator, Region IV, may relax or rescind, in
writing, any of the above conditions upon a showing by the Licensee of
good cause.
In accordance with 10 CFR 2.202, any person adversely affected by
this Confirmatory Order, other than the Licensee, may request a hearing
on this Order 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 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 IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, TX 76011, 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)(1) 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.
For the Nuclear Regulatory Commission.
Dated this 9th day of May, 2005.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. E5-2490 Filed 5-17-05; 8:45 am]
BILLING CODE 7590-01-P