In the Matter of Indiana Michigan Power Company D.C. Cook Nuclear Power Plant; Confirmatory Order Modifying License (Effective Immediately), 18280-18282 [E7-6843]
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18280
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
While in this case, there is substantial
evidence that Mr. Fowler distributed
pseudoephedrine with a reckless
disregard for its eventual use, such
proof is not essential to sustain the
revocation of Respondent’s registration.
A proceeding under section 304 of the
CSA is not a criminal prosecution.
Rather, its purpose is to protect the
public interest. See Leo R. Miller, 53 FR
21931, 21932 (1988).
‘‘ ‘In determining the public interest,’
Congress granted the Attorney General
broad discretion to consider any other
factor that is ‘relevant to and consistent
with the public health and safety.’’ ’ T.
Young, 71 FR at 60572 (quoting 21
U.S.C. 823(h)(5)). The statutory text of
factor five does not require that the
Government prove that a registrant or its
key employees acted with any particular
mens rea.8 As I have previously
explained, ‘‘the diversion of list I
chemicals into the illicit manufacture of
methamphetamine poses the same
threat to public health and safety
whether a registrant sells the products
knowing they will be diverted, sells
them with a reckless disregard for the
diversion, see D & S Sales, 71 FR at
37610–12, or sells them being totally
unaware that the products were being
diverted.’’ T. Young, 71 FR at 60572
(citing Joy’s Ideas, 70 FR at 33198)
(revoking registration notwithstanding
that distributor was ‘‘an unknowing and
unintentional contributor to [the]
methamphetamine problem’’).
Accordingly, Respondent’s excessive
sales of pseudoephedrine also provide
reason alone to conclude that its
continued registration would be
inconsistent with the public interest.
In sum, four of the five factors
conclusively demonstrate that
Respondent’s continued registration is
inconsistent with the public interest.
Furthermore, in accordance with 21
CFR 1316.67, I find that Respondent’s
owner engaged in egregious misconduct
and is responsible for the diversion of
massive amounts of pseudoephedrine
into the illicit manufacture of
methamphetamine. There, I conclude
that the public interest requires that
Respondent’s registration be revoked
effective immediately.
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Order
Accordingly, pursuant to the
authority vested in me by 21 U.S.C.
823(h) & 824(a), as well as 28 CFR
0.100(b) & 0.104, I order that DEA
Certificate of Registration, 003949RPY,
8 To the extent mens rea is relevant, it is
accounted for in factor three, which directs the
consideration of a registrant’s prior conviction
record. See 21 U.S.C. 823(h)(3).
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15:09 Apr 10, 2007
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issued to Rick’s Picks, L.L.C., be, and it
hereby is, revoked. I further order that
the pending application of Rick’s Picks,
L.L.C., for renewal of its registration be,
and it hereby is, denied. This order is
effective immediately.
Dated: March 30, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7–6759 Filed 4–10–07; 8:45 am]
BILLING CODE 4410–09–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: 07–030]
Notice of Information Collection
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection.
AGENCY:
SUMMARY: The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
DATES: All comments should be
submitted within 60 calendar days from
the date of this publication.
ADDRESSES: All comments should be
addressed to Mr. Walter Kit, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Mr. Walter Kit, NASA
PRA Officer, NASA Headquarters, 300 E
Street SW., JE000, Washington, DC
20546, (202) 358–1350, Walter.Kit1@nasa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This is an online application form for
the Exploration Systems Mission
Directorate—Space Grant Consortia
Faculty Project. NASA must select
candidates via a competitive process,
and in order to do so must collect
personal information in an application.
The voluntary respondents will be fulltime professors that are employed at a
university in the United States or Puerto
Rico.
II. Method of Collection
This information collected on the
application is needed to competitively
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select faculty to participate in the 10
week Fellowship.
III. Data
Title: Exploration Systems Mission
Directorate—Space Grant Consortia
Faculty Project.
OMB Number: 2700–XXXX.
Type of review: New Collection.
Affected Public: Individuals or
households.
Number of Respondents: 156.
Responses Per Respondent: 0.5 hour.
Annual Responses: 156.
Annual Burden Hours: 80.
IV. Request for Comments
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of NASA, including
whether the information collected has
practical utility; (2) the accuracy of
NASA’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including automated
collection techniques or the use of other
forms of information technology.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval of this information collection.
They will also become a matter of
public record.
Gary Cox,
Deputy Chief Information Officer (Acting).
[FR Doc. E7–6772 Filed 4–10–07; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 050–00315, 050–00316;
License Nos. DPR–58 & DPR–74 EA–06–
295]
In the Matter of Indiana Michigan
Power Company D.C. Cook Nuclear
Power Plant; Confirmatory Order
Modifying License (Effective
Immediately)
I
Indiana Michigan Power Company
(I&M or Licensee) is the holder of
Facility Operating License Nos. DPR–58
and DPR–74 issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) pursuant to 10 CFR Part
50 on October 25, 1974 and December
23, 1977, respectively. The licenses
authorize the operation of the D.C. Cook
nuclear power plant units 1 & 2 in
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11APN1
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
accordance with conditions specified
therein. The facility is located on the
Licensee’s site near Bridgeman,
Michigan.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on March
8, 2007, in Washington, DC.
II
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By letter dated December 13, 2006,
the NRC identified to the Licensee an
apparent violation of 10 CFR 50.7,
‘‘Employee Protection.’’ The apparent
violation was issued based on the
United States Department of Labor
(DOL) Administrative Review Board’s
(ARB’s) September 29, 2006, Final
Decision and Order (ARB Case No. 04–
147) affirming a DOL Administrative
Law Judge’s (ALJ) findings of fact and
conclusions. On June 29, 2004, the ALJ
had issued a Proposed Decision and
Order (ALJ Case No. 02–ERA–30),
concluding that I&M had retaliated
against an I&M former test engineer in
violation of Section 211 of the Energy
Reorganization Act of 1974, as amended
(the ERA). I&M has denied that it
violated the ERA and has appealed the
ARB decision to the United States Court
of Appeals for the Sixth Circuit.
Although at this time there is no
indication that the impact of the
apparent violation is not isolated, the
NRC is concerned that, in the absence
of appropriate management actions, the
ARB decision may ultimately have a
broader impact on the D.C. Cook plant’s
safety-conscious work environment
(SCWE).
In its December 13, 2006, letter to
I&M, the NRC offered I&M the
opportunity to provide a written
response, attend a predecisional
enforcement conference, or request ADR
in which a neutral mediator with no
decision-making authority would
facilitate discussions between the NRC
and I&M and, if possible, assist the NRC
and I&M in reaching an agreement. I&M
chose to participate in ADR with the
NRC. On March 8, 2007, the NRC and
I&M met in Washington, DC., 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 March 8, 2007, mediation
meeting. Specifically, I&M agreed to the
following actions:
1. By no later than one-hundred
eighty (180) calendar days after the
issuance of this Confirmatory Order,
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15:09 Apr 10, 2007
Jkt 211001
I&M agrees to complete an assessment of
the D.C. Cook plant’s Nuclear Safety
Culture including its SCWE.
2. Within sixty (60) calendar days
after the completion of the assessment
as referenced in paragraph 1 above, I&M
shall make available to the NRC:
A. A description of the tools/methods
used to conduct that assessment
including the survey questions;
B. The results of the assessment and
I&M’s analysis of the results; and
C. The proposed actions, if any, I&M
would plan to take to address the results
of the assessment in order to ensure that
a thriving SCWE exists at the D.C. Cook
plant.
3. As expeditiously as possible but by
no later than December 31, 2008, I&M
agrees to complete the training of all
D.C. Cook plant’s non-supervisory
employees and long-term contractors on
the topic of SCWE.
4. By no later than sixty (60) calendar
days after the issuance of this
Confirmatory Order, a member of I&M
management at a level at least equal to
the D.C. Cook plant Site Vice President
will communicate with D.C. Cook
plant’s workforce about the company’s
policy and his/her expectations of
management regarding the maintenance
and enhancement of a SCWE.
5. By no later than ninety (90)
calendar days after the issuance of this
Confirmatory Order, I&M agrees to
implement a periodic assessment of its
compliance with its work hour
limitations program and evaluate the
results of the assessment for trends.
In exchange for I&M’s actions set forth
hereunder, the NRC agreed not to
pursue any further enforcement action
in connection with the NRC’s December
13, 2006, letter to I&M 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
NRC Enforcement Policy, NUREG–1600.
This Confirmatory Order will, however,
be considered by the NRC for any
assessment of the D.C. Cook plant’s
performance under the NRC’s Reactor
Oversight Process, as appropriate. On
March 30, 2007, I&M consented to the
NRC issuing this Confirmatory Order.
I&M further agreed 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 concern can be
resolved through issuance of this
Confirmatory Order.
IV
Since the licensee has taken several
actions and implemented a number of
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18281
programs relating to communications,
training and human relation initiatives
addressing the D.C. Cook plant’s safety
culture and SCWE and has agreed to
commit to the actions to address NRC’s
concern, as set forth in Section III above,
the NRC has concluded that its concern
can be resolved through issuance of this
Confirmatory Order.
I find that the Licensee’s actions
described in Section III are acceptable
and necessary and conclude that with
those actions 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 actions be confirmed by this
Confirmatory Order. Based on the above
and the Licensee’s consent, this
Confirmatory Order is immediately
effective upon issuance.
V
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-58
And Dpr-74 Are Modified As Follows:
1. By no later than one-hundred
eighty (180) calendar days after the
issuance of this Confirmatory Order,
I&M agrees to complete an assessment of
the D.C. Cook plant’s nuclear Safety
Culture including its SCWE.
2. Within sixty (60) calendar days
after the completion of the assessment
as referenced in paragraph I above, I&M
shall make available to the NRC:
A. A description of the tools/methods
used to conduct that assessment
including the survey questions;
B. The results of the assessment and
I&M’s analysis of the results; and
C. The proposed actions, if any, I&M
would plan to take to address the results
of the assessment in order to ensure that
a thriving SCWE exists at the D.C. Cook
plant.
3. As expeditiously as possible but by
no later than December 31, 2008, I&M
agrees to complete the training of all
D.C. Cook plant’s non-supervisory
employees and long-term contractors on
the topic of a SCWE.
4. By no later than sixty (60) calendar
days after the issuance of this
Confirmatory Order, a member of I&M
management at a level at least equal to
the D.C. Cook plant Site Vice President
will communicate with D.C. Cook plant
workforce about the company’s policy
and his/her expectations of management
regarding the maintenance and
enhancement of a SCWE.
5. By no later than ninety (90)
calendar days after the issuance of this
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18282
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
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Confirmatory Order, I&M agrees to
implement a periodic assessment of its
compliance with its work hour
limitations program and evaluate the
results of the assessment for trends.
6. In the event of the transfer of the
operating license of D.C. Cook plant to
another entity, the actions as required
by this Confirmatory Order shall
continue to apply to the D.C. Cook plant
and accordingly survive any transfer of
ownership or license.
7. The NRC understands that I&M has
appealed the ARB decision to the
United States Court of Appeals for the
Sixth Circuit. The outcome of that
appeal will not alter I&M’s actions set
forth herein or the provisions of this
Confirmatory Order.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by the Licensee of good
cause.
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 V shall be final 20 days from the
date of this Confirmatory Order without
further order or proceedings. If an
extension of times for requesting a
hearing has been approved, the
provisions specified in Section V 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.
VI
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: Chief,
Rulemakings and Adjudications Staff,
Washington, DC. 20555–0001. Copies of
the hearing request shall also be sent to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC. 20555–0001, 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 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 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
Confirmatory Order and shall address
Dated this 4th day of April, 2007.
For The Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E7–6843 Filed 4–10–07; 8:45 am]
VerDate Aug<31>2005
15:09 Apr 10, 2007
Jkt 211001
Assessment (EA) in support of this
action 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.
James Webb, Project Manager,
Decommissioning and Uranium
Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001;
Telephone: (301) 415–6252; fax number:
(301) 415–5398; e-mail: jxw2@nrc.gov.
SUPPLEMENTARY INFORMATION:
II. EA Summary
The purpose of this proposed action
is to allow the licensee to decommission
its facility in a phased approach which
will take longer than the two year
period identified in the approved
decommissioning plan (DP). Following
an extensive supplemental
characterization study, Molycorp found
that there is a large volume of
contaminated material in the
subsurface. Molycorp will excavate the
contaminated soils and transport them
off-site to an NRC approved facility.
Molycorp’s proposed alternate
decommissioning schedule shows that
all decommissioning activities will be
completed by the end of 2008.
Molycorp’s request is contained in a
letter to NRC dated October 11, 2006.
An earlier, and more extensive, EA
was prepared for License Amendment
No. 5, in support of the NRC staff
evaluation of Molycorp’s final DP. The
NRC staff determined that all steps in
the proposed decommissioning could be
accomplished in compliance with the
NRC public and occupational dose
limits, effluent release limits, and
residual radioactive material limits. In
addition, the staff concluded that
approval of the decommissioning of the
Molycorp Washington, PA, facility in
accordance with the commitments in
NRC license SMB–1393 and the final DP
would not result in a significant adverse
impact on the environment. The
proposed action does not change the
impacts analyzed in detail in the EA
prepared for License Amendment No. 5.
If the NRC approves the license
amendment, the authorization will be
documented in an amendment to NRC
License No. SMB–1393. However,
before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended, and
NRC’s regulations. These findings will
be documented in a Safety Evaluation
Report in addition to the EA.
I. Introduction
The NRC is considering issuance of a
license amendment to Molycorp, Inc.
(Molycorp or licensee) for Materials
License No. SMB–1393, to authorize an
alternate decommissioning schedule for
its facility in Washington, Pennsylvania.
NRC has prepared an Environmental
III. Finding of No Significant Impact
The staff has prepared the EA
(summarized above) in support of
Molycorp’s proposed alternate
decommissioning schedule. The NRC
staff has concluded that there will be no
adverse environmental impacts
associated with granting Molycorp an
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–08778]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment for Molycorp, Inc.’s
Facility in Washington, PA
Nuclear Regulatory
Commission.
ACTION: Notice of Availability.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18280-18282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6843]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 050-00315, 050-00316; License Nos. DPR-58 & DPR-74 EA-06-
295]
In the Matter of Indiana Michigan Power Company D.C. Cook Nuclear
Power Plant; Confirmatory Order Modifying License (Effective
Immediately)
I
Indiana Michigan Power Company (I&M or Licensee) is the holder of
Facility Operating License Nos. DPR-58 and DPR-74 issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
Part 50 on October 25, 1974 and December 23, 1977, respectively. The
licenses authorize the operation of the D.C. Cook nuclear power plant
units 1 & 2 in
[[Page 18281]]
accordance with conditions specified therein. The facility is located
on the Licensee's site near Bridgeman, Michigan.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on March 8, 2007, in Washington, DC.
II
By letter dated December 13, 2006, the NRC identified to the
Licensee an apparent violation of 10 CFR 50.7, ``Employee Protection.''
The apparent violation was issued based on the United States Department
of Labor (DOL) Administrative Review Board's (ARB's) September 29,
2006, Final Decision and Order (ARB Case No. 04-147) affirming a DOL
Administrative Law Judge's (ALJ) findings of fact and conclusions. On
June 29, 2004, the ALJ had issued a Proposed Decision and Order (ALJ
Case No. 02-ERA-30), concluding that I&M had retaliated against an I&M
former test engineer in violation of Section 211 of the Energy
Reorganization Act of 1974, as amended (the ERA). I&M has denied that
it violated the ERA and has appealed the ARB decision to the United
States Court of Appeals for the Sixth Circuit. Although at this time
there is no indication that the impact of the apparent violation is not
isolated, the NRC is concerned that, in the absence of appropriate
management actions, the ARB decision may ultimately have a broader
impact on the D.C. Cook plant's safety-conscious work environment
(SCWE).
In its December 13, 2006, letter to I&M, the NRC offered I&M the
opportunity to provide a written response, attend a predecisional
enforcement conference, or request ADR in which a neutral mediator with
no decision-making authority would facilitate discussions between the
NRC and I&M and, if possible, assist the NRC and I&M in reaching an
agreement. I&M chose to participate in ADR with the NRC. On March 8,
2007, the NRC and I&M met in Washington, DC., 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 March 8, 2007, mediation meeting. Specifically, I&M agreed
to the following actions:
1. By no later than one-hundred eighty (180) calendar days after
the issuance of this Confirmatory Order, I&M agrees to complete an
assessment of the D.C. Cook plant's Nuclear Safety Culture including
its SCWE.
2. Within sixty (60) calendar days after the completion of the
assessment as referenced in paragraph 1 above, I&M shall make available
to the NRC:
A. A description of the tools/methods used to conduct that
assessment including the survey questions;
B. The results of the assessment and I&M's analysis of the results;
and
C. The proposed actions, if any, I&M would plan to take to address
the results of the assessment in order to ensure that a thriving SCWE
exists at the D.C. Cook plant.
3. As expeditiously as possible but by no later than December 31,
2008, I&M agrees to complete the training of all D.C. Cook plant's non-
supervisory employees and long-term contractors on the topic of SCWE.
4. By no later than sixty (60) calendar days after the issuance of
this Confirmatory Order, a member of I&M management at a level at least
equal to the D.C. Cook plant Site Vice President will communicate with
D.C. Cook plant's workforce about the company's policy and his/her
expectations of management regarding the maintenance and enhancement of
a SCWE.
5. By no later than ninety (90) calendar days after the issuance of
this Confirmatory Order, I&M agrees to implement a periodic assessment
of its compliance with its work hour limitations program and evaluate
the results of the assessment for trends.
In exchange for I&M's actions set forth hereunder, the NRC agreed
not to pursue any further enforcement action in connection with the
NRC's December 13, 2006, letter to I&M 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 NRC Enforcement Policy, NUREG-1600. This Confirmatory Order
will, however, be considered by the NRC for any assessment of the D.C.
Cook plant's performance under the NRC's Reactor Oversight Process, as
appropriate. On March 30, 2007, I&M consented to the NRC issuing this
Confirmatory Order. I&M further agreed 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 concern can be resolved through
issuance of this Confirmatory Order.
IV
Since the licensee has taken several actions and implemented a
number of programs relating to communications, training and human
relation initiatives addressing the D.C. Cook plant's safety culture
and SCWE and has agreed to commit to the actions to address NRC's
concern, as set forth in Section III above, the NRC has concluded that
its concern can be resolved through issuance of this Confirmatory
Order.
I find that the Licensee's actions described in Section III are
acceptable and necessary and conclude that with those actions 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 actions be confirmed by this Confirmatory Order.
Based on the above and the Licensee's consent, this Confirmatory Order
is immediately effective upon issuance.
V
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-58 And Dpr-74 Are Modified
As Follows:
1. By no later than one-hundred eighty (180) calendar days after
the issuance of this Confirmatory Order, I&M agrees to complete an
assessment of the D.C. Cook plant's nuclear Safety Culture including
its SCWE.
2. Within sixty (60) calendar days after the completion of the
assessment as referenced in paragraph I above, I&M shall make available
to the NRC:
A. A description of the tools/methods used to conduct that
assessment including the survey questions;
B. The results of the assessment and I&M's analysis of the results;
and
C. The proposed actions, if any, I&M would plan to take to address
the results of the assessment in order to ensure that a thriving SCWE
exists at the D.C. Cook plant.
3. As expeditiously as possible but by no later than December 31,
2008, I&M agrees to complete the training of all D.C. Cook plant's non-
supervisory employees and long-term contractors on the topic of a SCWE.
4. By no later than sixty (60) calendar days after the issuance of
this Confirmatory Order, a member of I&M management at a level at least
equal to the D.C. Cook plant Site Vice President will communicate with
D.C. Cook plant workforce about the company's policy and his/her
expectations of management regarding the maintenance and enhancement of
a SCWE.
5. By no later than ninety (90) calendar days after the issuance of
this
[[Page 18282]]
Confirmatory Order, I&M agrees to implement a periodic assessment of
its compliance with its work hour limitations program and evaluate the
results of the assessment for trends.
6. In the event of the transfer of the operating license of D.C.
Cook plant to another entity, the actions as required by this
Confirmatory Order shall continue to apply to the D.C. Cook plant and
accordingly survive any transfer of ownership or license.
7. The NRC understands that I&M has appealed the ARB decision to
the United States Court of Appeals for the Sixth Circuit. The outcome
of that appeal will not alter I&M's actions set forth herein or the
provisions of this Confirmatory Order.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
VI
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: Chief, Rulemakings and Adjudications Staff,
Washington, DC. 20555-0001. Copies of the hearing request shall also be
sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC. 20555-0001, 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 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 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 Confirmatory 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 V shall be final 20 days from the date of this
Confirmatory Order without further order or proceedings. If an
extension of times for requesting a hearing has been approved, the
provisions specified in Section V 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 4th day of April, 2007.
For The Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E7-6843 Filed 4-10-07; 8:45 am]
BILLING CODE 7590-01-P
