In the Matter of R&M Engineering Consultants, Fairbanks, AK; Confirmatory Order Modifying License (Effective Immediately), 28585-28586 [E5-2490]

Download as PDF 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] BILLING CODE 4510–26–P 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] BILLING CODE 7510–13–P 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 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] 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 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 18MYN1

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
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