In the Matter of Nuclear Management Company, Monticello Nuclear Generating Plant, Palisades Nuclear Power Plant, Point Beach Nuclear Plant Units 1 & 2, Prairie Island Nuclear Generating Plant Units 1 & 2; Confirmatory Order Modifying License (Effective Immediately), 1030-1032 [E7-74]
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices
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cannot guarantee their availability. The
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Date and Time
Open sessions—January 25, 2007,
from 8:30 a.m. to 6 p.m.; and January 26,
2007, from 8:30 a.m. to 10 a.m.
Closed session—January 26, 2007,
from 10 a.m. to 1 p.m.
ADDRESSES: The Jefferson Hotel, 1200
16th Street, NW., Washington, DC
20036.
FOR FURTHER INFORMATION CONTACT:
Shelly Coles, National Institute for
Literacy, 1775 I Street, NW., Suite 730,
Washington, DC 20006; telephone
number: (202) 233–2044; e-mail:
scoles@nifl.gov.
SUPPLEMENTARY INFORMATION: The Board
is established under section 242 of the
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Pub.L. 105–220 (20 U.S.C. 9252). The
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from 8:30 a.m. to 10 a.m., the Board will
meet in open session to discuss the
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On January 26, 2007 from 10 a.m. to
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consideration of the Director’s
performance. The discussion is likely to
disclose information of personal nature
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personnel privacy. The discussion must
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13:55 Jan 08, 2007
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therefore be held in closed session
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U.S.C. 552b(c)(2) and (6). A summary of
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Advisory Board meeting on January 25–
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current program activities, and other
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Suite 730, Washington, DC 20006, from
8:30 a.m. to 5 p.m.
Dated: January 3, 2007.
Sandra L. Baxter,
Director.
[FR Doc. E7–66 Filed 1–8–07; 8:45 am]
BILLING CODE 6055–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos.: 50–263, 50–255; 50–266; 50–
301, 50–282, 50–306 License Nos.; DPR–
22, DPR–20 DPR–24; DPR–27, DPR–42,
DPR–60; EA–06–178]
In the Matter of Nuclear Management
Company, Monticello Nuclear
Generating Plant, Palisades Nuclear
Power Plant, Point Beach Nuclear
Plant Units 1 & 2, Prairie Island Nuclear
Generating Plant Units 1 & 2;
Confirmatory Order Modifying License
(Effective Immediately)
I
Nuclear Management Company, LLC
(NMC or Licensee) is the holder of
Facility Operating License Nos. DPR–20,
DPR–42, and DPR–60 and renewed
Facility Operating License Nos. DPR–22,
DPR–24, and DPR–27 issued by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) pursuant to 10 CFR Part
50 on, February 21, 1991, April 5, 1974,
October 29, 1974, November 8, 2006,
December 22, 2005, and December 22,
2005, respectively. The licenses
authorize the operation of Monticello
Nuclear Generating Plant, Palisades
Nuclear Power Plant, Point Beach
Nuclear Plant (PBNP), and Prairie Island
Nuclear Generating Plant in accordance
with conditions specified therein. The
facilities are located on the Licensee’s
sites in Monticello, Minnesota; South
Haven, Michigan; Two Rivers,
Wisconsin; and Red Wing, Minnesota.
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Fmt 4703
Sfmt 4703
II
On March 18, 2005, the NRC’s Office
of Investigations (OI) began an
investigation to determine whether a
senior reactor operator (SRO) at the
PBNP was the subject of employment
discrimination in violation of 10 CFR
50.7, ‘‘Employee protection.’’ In OI
Report No. 3–2005–010, OI concluded
that an SRO was discriminated against
by PBNP management, in part, for
raising safety concerns using the
Licensees’ corrective action program
(CAP). By letter dated August 22, 2006,
the NRC identified to the Licensee an
apparent violation of 10 CFR 50.7, and
offered NMC the opportunity to provide
a written response, attend a
predecisional enforcement conference,
or to request alternative dispute
resolution (ADR) in which a neutral
mediator with no decision-making
authority would facilitate discussions
between the NRC and NMC and, if
possible, assist the NRC and NMC in
reaching an agreement. NMC chose to
participate in ADR. On October 31,
2006, the NRC and NMC met in Green
Bay, Wisconsin, in an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Institute on Conflict Resolution.
III
This Confirmatory Order is issued
pursuant to the agreement reached
during the ADR process.
Specifically, NMC agreed to the
following:
1. By no later than nine (9) months
after the issuance of this Confirmatory
Order, NMC agrees to review, revise,
and communicate to NMC employees
and managers its policy relating to the
writing of corrective action program
(CAP) reports, and provide training to
NMC employees and managers to clarify
management’s expectation regarding the
use of the program with the goal to
ensure employees are not discouraged,
or otherwise retaliated or perceived to
be retaliated against, for using the CAP.
2. By no later than June 30, 2007,
NMC agrees to communicate its safety
culture policy (including safety
conscious work environment (SCWE)) to
NMC employees, providing employees
with the opportunity to ask questions in
a live forum.
3. By no later than nine (9) months
after the issuance of this Confirmatory
Order, NMC agrees to train its
employees holding supervisory
positions and higher who have not had
formal training on SCWE principles
within the previous two years of the
Confirmatory Order. NMC agrees to use
E:\FR\FM\09JAN1.SGM
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices
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a qualified training instructor (internal
or external) for such training.
NMC shall review and enhance, if
necessary, its refresher SCWE training
consistent with NMC’s refresher training
program and provide such refresher
training to its employees. New
employees holding supervisory
positions and higher shall be trained on
SCWE principles within nine (9)
months of their hire dates unless within
the previous two years of their hire
dates, they’ve had the same or
equivalent SCWE training.
4. By no later than March 30, 2007,
NMC agrees: To develop action plans to
address significant issues identified as
needing management attention in the
NMC 2004 and 2006 Comprehensive
Cultural Assessments at PBNP; to
conduct focus group interviews with
Priority 1 & 2 organizations to
understand the cause of the survey
results; and to review and, as
appropriate, reflect nuclear industry
best practices in its conduct of focus
groups and action plans to address the
issues at PBNP.
NMC has agreed that this
Confirmatory Order shall include the
commitments noted above, and NRC has
agreed it will not pursue any further
enforcement action for this issue and
will not count this matter as previous
enforcement for the purposes of
assessing potential future enforcement
action civil penalty assessments in
accordance with Section VI.C of the
Enforcement Policy.
On December 20, 2006, NMC
consented to the NRC issuing this
Confirmatory Order with the
commitments, as described in Section
IV, below. NMC further agreed in its
December 20, 2006, 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 issuance of this Order.
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 the
Licensee’s commitments be confirmed
by this Confirmatory Order. Based on
the above and the Licensee’s consent,
this Confirmatory Order is immediately
effective upon issuance. NMC is
required to provide the NRC with a
letter summarizing its actions when all
of the Section IV requirements have
been completed.
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13:55 Jan 08, 2007
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IV
Accordingly, pursuant to Sections
103, 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 50, it is hereby ordered, effective
immediately, that license nos. DPR–22,
DPR–20, DPR–24, DPR–27, DPR–42, and
DPR–60 are modified as follows:
1. By no later than nine (9) months
after the issuance of this Confirmatory
Order, NMC shall review, revise, and
communicate to NMC employees and
managers its policy relating to the
writing of corrective action program
(CAP) reports, and provide training to
NMC employees and managers to clarify
management’s expectation regarding the
use of the program with the goal to
ensure employees are not discouraged,
retaliated against, or perceived to be
retaliated against, for using the CAP.
2. By no later than June 30, 2007,
NMC shall communicate its safety
culture policy (including safety
conscious work environment (SCWE)) to
NMC employees, providing employees
with the opportunity to ask questions in
a live forum.
3. By no later than nine (9) months
after the issuance of this Confirmatory
Order, NMC shall train its employees
holding supervisory positions and
higher who have not had formal training
on SCWE principles within the previous
two years of the confirmatory order.
NMC agrees to use a qualified training
instructor (internal or external) for such
training.
NMC shall review and enhance, if
necessary, its refresher SCWE training
consistent with NMC’s refresher training
program and provide such refresher
training to its employees. New
employees holding supervisory
positions and higher shall be trained on
SCWE principles within nine (9)
months of their hire dates unless within
the previous two years of their hire
dates, they’ve had the same or
equivalent SCWE training.
4. By no later than March 30, 2007,
NMC shall develop action plans to
address significant issues identified as
needing management attention in the
NMC 2004 and 2006 Comprehensive
Cultural Assessments at PBNP; to
conduct focus group interviews with
Priority 1 & 2 organizations to
understand the cause of the survey
results; and to review and, as
appropriate, reflect nuclear industry
best practices in its conduct of focus
groups and action plans to address the
issues at PBNP.
As part of the development of the
action plans, NMC shall also assess and
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Frm 00096
Fmt 4703
Sfmt 4703
1031
address any legacy issues identified in
prior safety culture assessments (i.e.
CAP report AR00510074 and Synergy
Safety Culture Assessment) that impact
the safety culture at PBNP.
The executive summary, analysis,
and contemplated action plans shall
also be submitted to the NRC.
5. By no later than December 31,
2008, NMC shall perform another
survey at PBNP comparable to the 2004
and 2006 surveys to assess trends of the
safety culture at the site and the overall
effectiveness of corrective actions taken
in response to prior year assessments
(i.e. CAP report AR00510074 and 2006
Synergy survey).
6. By no later than 3 months after the
receipt of the next cultural survey
results at PBNP, NMC shall submit the
executive summary, analysis of the
results, and the contemplated corrective
actions to the NRC.
7. NMC shall continue to implement
a process which ensures that adverse
employment actions are in compliance
with NRC employee protection
regulations and principles of SCWE.
.8. In the event of the transfer of the
operating license of any NMC operated
facility to another entity, the
commitments shall survive for the NMC
fleet generally and PBNP specifically.
9. Any reference to NMC employees
includes all NMC employees fleet wide.
The Director, Office of Enforcement,
may relax or rescind, in writing, any of
the above conditions upon a showing by
the Licensee 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
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 III, 2443
Warrenville Road, Suite 210, Lisle, IL
60532–4352, and to the Licensee.
Because of potential disruptions in
delivery of mail to United States
E:\FR\FM\09JAN1.SGM
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices
Government offices, it is requested that
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
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 the 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 shall be final 20
days from the date of this Order without
further order or proceedings. If an
extension of times 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. A
request for hearing shall not stay the
immediate effectiveness of this order.
Dated this 3rd day of January, 2007.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director Office of Enforcement.
[FR Doc. E7–74 Filed 1–8–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–2377, License No. Stb–472
(Terminated)
Kaiser Aluminum & Chemical
Corporation; Notice of Completion of
Decommissioning of Kaiser Aluminum
& Chemical Corporation Site, Tulsa,
OK
Notice of Completion of
Decommissioning of the Kaiser
Aluminum & Chemical Corporation
(Kaiser) Tulsa Site.
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ACTION:
The Nuclear Regulatory
Commission (NRC) is noticing the
completion of decommissioning
activities at the Kaiser Tulsa Site located
in Tulsa, Oklahoma.
SUMMARY:
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13:55 Jan 08, 2007
Jkt 211001
Background
The Kaiser plant in Tulsa, Oklahoma,
was built by the Standard Magnesium
Corporation (SMC) in the early to mid1950s to manufacture magnesium
products. SMC received a source
materials license from the Atomic
Energy Commission (AEC) in March
1958, authorizing possession and title to
magnesium-thorium alloy with up to 4
percent thorium content for processing.
Scrap magnesium-thorium alloy was
smelted along with other magnesium
materials to recover the magnesium.
Thorium alloy material comprised a
small fraction of the total magnesium
refined on site. Kaiser purchased the
facility in 1964. Kaiser’s license was
terminated in 1971, by the AEC at
Kaiser’s request.
The Kaiser facility was placed on the
Site Decommissioning Management
Plan (SDMP) list in 1994, after the NRC
detected surface contamination on, and
adjacent to, the Kaiser property in 1993.
Kaiser elected to remediate the site in
two phases.
In Phase 1, Kaiser remediated the land
adjacent to the Kaiser property. In Phase
2, Kaiser remediated the Kaiser property
itself.
Kaiser conducted off-site remediation
activities from October 2000, through
May 2001. Remediation activities
primarily involved excavating affected
soil and moving it onto Kaiser’s
property. A final status survey (FSS)
was performed following completion of
remediation/excavation in each survey
unit to demonstrate that postremediation radiological conditions
satisfied the SDMP Action Plan criteria
for unrestricted release as specified in
the Phase 1 Decommissioning Plan (DP).
Following successful remediation,
excavations were backfilled. In March
2002, NRC informed Kaiser that the
adjacent land areas met NRC’s criteria
for unrestricted release.
Kaiser submitted the Phase 2 DP on
May 25, 2001, [with revisions on May
31, 2003, October 6, 2003, May 5, 2005,
September 8, 2005 and March 21, 2006]
and DP Addendum on May 9, 2002,
with a revision on May 31, 2003. NRC
approved these documents on June 8,
2003, January 7, 2004, June 22, 2005,
and October 3, 2005.
Although Kaiser is not a licensee, it
agreed to perform remediation activities
in accordance with 10 CFR Part 40.
Kaiser conducted decommissioning
activities at the site in accordance with
its approved DP from June 2003 to June
2006. In accordance with the DP, Kaiser
conducted FSSs to demonstrate that the
facility and site meet the criteria for
unrestricted release as defined it its DP.
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Frm 00097
Fmt 4703
Sfmt 4703
Details of the FSS results were
submitted to the NRC in six separate
FSS reports (FSSRs). On September 14,
2006, Kaiser notified NRC that it had
completed decommissioning and FSSs
of the Tulsa, Oklahoma site, and that the
FSSs demonstrate that the site meets the
criteria for decommissioning and release
for unrestricted use.
NRC conducted a number of
independent confirmatory surveys to
verify FSS results obtained by Kaiser.
Confirmatory surveys consisted of
surface scans for beta and gamma
radiation, direct measurements for total
beta activity, collection and analysis of
soil samples for thorium, and collection
of smear samples for determining
removable radioactivity levels.
The Commission has concluded,
based on the considerations discussed
above, that: (1) Radioactive material
above release limits has been properly
disposed; (2) reasonable effort has been
made to eliminate residual radioactive
contamination; (3) submitted FSSRs and
associated documentation, demonstrate
that the facility and site are suitable for
release in accordance with the criteria
for decommissioning in 10 CFR Part 20,
Subpart E; and (4) records required by
10 CFR 40.61(d) and (f) have been
received. Therefore, the Kaiser Tulsa
Site is suitable for unrestricted release.
See
the letter dated September 14, 2006, and
the Safety Evaluation Report dated
December 29, 2006, available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agency-wide Documents
Access and Management System’s
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/reading-rm/
adams.html (ADAMS Accession Nos.
ML062700322, and ML062360251).
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209, 301–415–4737 or by e-mail to
pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Dated at Rockville, Maryland, this 29th day
of December, 2006.
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Notices]
[Pages 1030-1032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-74]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-263, 50-255; 50-266; 50-301, 50-282, 50-306 License
Nos.; DPR-22, DPR-20 DPR-24; DPR-27, DPR-42, DPR-60; EA-06-178]
In the Matter of Nuclear Management Company, Monticello Nuclear
Generating Plant, Palisades Nuclear Power Plant, Point Beach Nuclear
Plant Units 1 & 2, Prairie Island Nuclear Generating Plant Units 1 & 2;
Confirmatory Order Modifying License (Effective Immediately)
I
Nuclear Management Company, LLC (NMC or Licensee) is the holder of
Facility Operating License Nos. DPR-20, DPR-42, and DPR-60 and renewed
Facility Operating License Nos. DPR-22, DPR-24, and DPR-27 issued by
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to
10 CFR Part 50 on, February 21, 1991, April 5, 1974, October 29, 1974,
November 8, 2006, December 22, 2005, and December 22, 2005,
respectively. The licenses authorize the operation of Monticello
Nuclear Generating Plant, Palisades Nuclear Power Plant, Point Beach
Nuclear Plant (PBNP), and Prairie Island Nuclear Generating Plant in
accordance with conditions specified therein. The facilities are
located on the Licensee's sites in Monticello, Minnesota; South Haven,
Michigan; Two Rivers, Wisconsin; and Red Wing, Minnesota.
II
On March 18, 2005, the NRC's Office of Investigations (OI) began an
investigation to determine whether a senior reactor operator (SRO) at
the PBNP was the subject of employment discrimination in violation of
10 CFR 50.7, ``Employee protection.'' In OI Report No. 3-2005-010, OI
concluded that an SRO was discriminated against by PBNP management, in
part, for raising safety concerns using the Licensees' corrective
action program (CAP). By letter dated August 22, 2006, the NRC
identified to the Licensee an apparent violation of 10 CFR 50.7, and
offered NMC the opportunity to provide a written response, attend a
predecisional enforcement conference, or to request alternative dispute
resolution (ADR) in which a neutral mediator with no decision-making
authority would facilitate discussions between the NRC and NMC and, if
possible, assist the NRC and NMC in reaching an agreement. NMC chose to
participate in ADR. On October 31, 2006, the NRC and NMC met in Green
Bay, Wisconsin, in an ADR session mediated by a professional mediator,
arranged through Cornell University's Institute on Conflict Resolution.
III
This Confirmatory Order is issued pursuant to the agreement reached
during the ADR process.
Specifically, NMC agreed to the following:
1. By no later than nine (9) months after the issuance of this
Confirmatory Order, NMC agrees to review, revise, and communicate to
NMC employees and managers its policy relating to the writing of
corrective action program (CAP) reports, and provide training to NMC
employees and managers to clarify management's expectation regarding
the use of the program with the goal to ensure employees are not
discouraged, or otherwise retaliated or perceived to be retaliated
against, for using the CAP.
2. By no later than June 30, 2007, NMC agrees to communicate its
safety culture policy (including safety conscious work environment
(SCWE)) to NMC employees, providing employees with the opportunity to
ask questions in a live forum.
3. By no later than nine (9) months after the issuance of this
Confirmatory Order, NMC agrees to train its employees holding
supervisory positions and higher who have not had formal training on
SCWE principles within the previous two years of the Confirmatory
Order. NMC agrees to use
[[Page 1031]]
a qualified training instructor (internal or external) for such
training.
NMC shall review and enhance, if necessary, its refresher SCWE
training consistent with NMC's refresher training program and provide
such refresher training to its employees. New employees holding
supervisory positions and higher shall be trained on SCWE principles
within nine (9) months of their hire dates unless within the previous
two years of their hire dates, they've had the same or equivalent SCWE
training.
4. By no later than March 30, 2007, NMC agrees: To develop action
plans to address significant issues identified as needing management
attention in the NMC 2004 and 2006 Comprehensive Cultural Assessments
at PBNP; to conduct focus group interviews with Priority 1 & 2
organizations to understand the cause of the survey results; and to
review and, as appropriate, reflect nuclear industry best practices in
its conduct of focus groups and action plans to address the issues at
PBNP.
NMC has agreed that this Confirmatory Order shall include the
commitments noted above, and NRC has agreed it will not pursue any
further enforcement action for this issue and will not count this
matter as previous enforcement for the purposes of assessing potential
future enforcement action civil penalty assessments in accordance with
Section VI.C of the Enforcement Policy.
On December 20, 2006, NMC consented to the NRC issuing this
Confirmatory Order with the commitments, as described in Section IV,
below. NMC further agreed in its December 20, 2006, 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 issuance of this Order.
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 the Licensee's commitments be confirmed by this Confirmatory
Order. Based on the above and the Licensee's consent, this Confirmatory
Order is immediately effective upon issuance. NMC 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 103, 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 50, it is hereby ordered,
effective immediately, that license nos. DPR-22, DPR-20, DPR-24, DPR-
27, DPR-42, and DPR-60 are modified as follows:
1. By no later than nine (9) months after the issuance of this
Confirmatory Order, NMC shall review, revise, and communicate to NMC
employees and managers its policy relating to the writing of corrective
action program (CAP) reports, and provide training to NMC employees and
managers to clarify management's expectation regarding the use of the
program with the goal to ensure employees are not discouraged,
retaliated against, or perceived to be retaliated against, for using
the CAP.
2. By no later than June 30, 2007, NMC shall communicate its safety
culture policy (including safety conscious work environment (SCWE)) to
NMC employees, providing employees with the opportunity to ask
questions in a live forum.
3. By no later than nine (9) months after the issuance of this
Confirmatory Order, NMC shall train its employees holding supervisory
positions and higher who have not had formal training on SCWE
principles within the previous two years of the confirmatory order. NMC
agrees to use a qualified training instructor (internal or external)
for such training.
NMC shall review and enhance, if necessary, its refresher SCWE
training consistent with NMC's refresher training program and provide
such refresher training to its employees. New employees holding
supervisory positions and higher shall be trained on SCWE principles
within nine (9) months of their hire dates unless within the previous
two years of their hire dates, they've had the same or equivalent SCWE
training.
4. By no later than March 30, 2007, NMC shall develop action plans
to address significant issues identified as needing management
attention in the NMC 2004 and 2006 Comprehensive Cultural Assessments
at PBNP; to conduct focus group interviews with Priority 1 & 2
organizations to understand the cause of the survey results; and to
review and, as appropriate, reflect nuclear industry best practices in
its conduct of focus groups and action plans to address the issues at
PBNP.
As part of the development of the action plans, NMC shall also
assess and address any legacy issues identified in prior safety culture
assessments (i.e. CAP report AR00510074 and Synergy Safety Culture
Assessment) that impact the safety culture at PBNP.
The executive summary, analysis, and contemplated action plans
shall also be submitted to the NRC.
5. By no later than December 31, 2008, NMC shall perform another
survey at PBNP comparable to the 2004 and 2006 surveys to assess trends
of the safety culture at the site and the overall effectiveness of
corrective actions taken in response to prior year assessments (i.e.
CAP report AR00510074 and 2006 Synergy survey).
6. By no later than 3 months after the receipt of the next cultural
survey results at PBNP, NMC shall submit the executive summary,
analysis of the results, and the contemplated corrective actions to the
NRC.
7. NMC shall continue to implement a process which ensures that
adverse employment actions are in compliance with NRC employee
protection regulations and principles of SCWE.
.8. In the event of the transfer of the operating license of any
NMC operated facility to another entity, the commitments shall survive
for the NMC fleet generally and PBNP specifically.
9. Any reference to NMC employees includes all NMC employees fleet
wide. The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by the Licensee 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 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 III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and
to the Licensee. Because of potential disruptions in delivery of mail
to United States
[[Page 1032]]
Government offices, it is requested that 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 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 the 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 shall be final 20 days from the date
of this Order without further order or proceedings. If an extension of
times 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. A request for hearing shall not
stay the immediate effectiveness of this order.
Dated this 3rd day of January, 2007.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director Office of Enforcement.
[FR Doc. E7-74 Filed 1-8-07; 8:45 am]
BILLING CODE 7590-01-P
