In the Matter of Chevron Environmental Management Company, Washington, PA, Decommissioning Project Site; Confirmatory Order Modifying License (Effective Immediately), 40626-40628 [E8-16090]
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
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BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–08778; License No. SMB–
1393; EA–08–054]
In the Matter of Chevron
Environmental Management Company,
Washington, PA, Decommissioning
Project Site; Confirmatory Order
Modifying License (Effective
Immediately)
I
Chevron Environmental Management
Company (CEMC or Licensee) is the
holder of License No. SMB–1393 issued
by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to 10 CFR Part 40. The license
authorizes the decommissioning of the
Washington, PA, Decommissioning
Project in accordance with conditions
specified therein. The facility is located
in Washington, Pennsylvania.
E:\FR\FM\15JYN1.SGM
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Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
This confirmatory order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on June 5,
2008.
II
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On July 19, 2007, the NRC’s Office of
Investigations (OI) issued its
investigative report regarding whether a
radiation safety employee (RSE) was the
subject of employment discrimination
in violation of 10 CFR 40.7, ‘‘Employee
protection.’’ In OI Report No. 1–2006–
054, OI concluded that a RSE was
discriminated against, in part, for
raising concerns regarding the
transportation of potentially
contaminated soil samples over public
roads and the monitoring of potentially
radioactive airborne dust caused by the
construction work activities at the site.
By letter dated February 29, 2008, the
NRC identified to the Licensee an
apparent violation of 10 CFR 40.7, and
offered CEMC 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 CEMC and, if possible, assist the
NRC and CEMC in reaching an
agreement. CEMC chose to participate in
ADR.
III
On June 5, 2008, the NRC and CEMC
met in an ADR session in Washington,
D.C., mediated by a professional
mediator, arranged through Cornell
University’s Institute on Conflict
Resolution. This confirmatory order is
issued pursuant to the agreement
reached during the ADR process. The
elements of the agreement consisted of
the following:
1. By no later than thirty (30) calendar
days after the issuance of the
confirmatory order, a member of
CEMC’s senior management responsible
for the Washington site will, in writing,
communicate CEMC’s policy, and the
expectations of management, to the
Washington site workforce regarding
their rights to raise concerns without
fear of retaliation.
2. By no later than thirty (30) calendar
days after the issuance of this
confirmatory order, CEMC shall
distribute a questionnaire to all
employees at the Washington site to
assess, in part, whether employees
understand their rights to raise concerns
and solicit their willingness to raise
nuclear safety concerns, if any.
3. By no later than thirty (30) days
after the issuance of this confirmatory
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order, CEMC agrees to implement a new
requirement of its contractors (including
subcontractors) at the Washington site
whereby the contractors would be
required to affirm to CEMC, in writing,
at the time that any significant job
action is being taken against a
Washington site employee, that such
action is not being implemented in
retaliation for the employee raising
safety-related concerns or in retaliation
for filing a safety-related complaint
either internally or externally, and to
affirm that the job action was taken in
compliance with 10 CFR 40.7,
‘‘Employee Protection.’’
4. By no later than thirty (30) calendar
days after the issuance of this
confirmatory order, CEMC agrees to
enter into a written agreement with its
contractors performing work at the
Washington site that requires
compliance with 10 CFR 40.7,
‘‘Employee Protection.’’
5. By no later than sixty (60) calendar
days after the issuance of this
confirmatory order, CEMC agrees to
provide training conducted by its
counsel to all Washington site
supervisory employees relating to 10
CFR 40.7, ‘‘Employee Protection’’ and
how to foster a safety-conscious work
environment.
6. By no later than seventy five (75)
calendars days after the issuance of this
confirmatory order, CEMC shall hold
one or more meetings with employees at
the Washington site to emphasize the
company’s policy and management’s
expectation that employees can raise
any nuclear safety concerns without fear
of retaliation.
On July 2, 2008, CEMC consented to
issuing this confirmatory order with the
commitments, as described in Section V
below. CEMC further agreed that this
confirmatory order is to be effective
upon issuance and it has waived its
right to a hearing.
IV
Since CEMC has agreed to take
additional actions to address NRC
concerns, as set forth in Item III above,
and NRC has concluded that its
concerns can be resolved through
issuance of this confirmatory order and
thereby has agreed not to 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.
I find that the Licensee’s
commitments as set forth in Section V
are acceptable and necessary and
conclude that with these commitments
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Sfmt 4703
40627
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. By no later than
thirty (30) calendar days after the
completion of the requirements in
Section V, CEMC is required to notify
the NRC in writing and summarizing its
actions.
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 No. SMB–
1393 is modified as follows:
1. By no later than thirty (30) calendar
days after the issuance of this
confirmatory order, a member of
CEMC’s senior management responsible
for the Washington site will, in writing,
communicate CEMC’s policy, and the
expectations of management, to the
Washington site workforce regarding
their rights to raise concerns without
fear of retaliation.
2. By no later than thirty (30) calendar
days after the issuance of this
confirmatory order, CEMC shall
distribute a questionnaire to all
employees at the Washington site to
assess, in part, whether employees
understand their rights to raise concerns
and solicit their willingness to raise
nuclear safety concerns, if any.
3. By no later than thirty (30) days
after the issuance of this confirmatory
order, CEMC agrees to implement a new
requirement of its contractors (including
subcontractors) at the Washington site
whereby the contractors would be
required to affirm to CEMC, in writing,
at the time that any significant job
action is being taken against a
Washington site employee, that such
action is not being implemented in
retaliation for the employee raising
safety-related concerns or in retaliation
for filing a safety-related complaint
either internally or externally, and to
affirm that the job action was taken in
compliance with 10 CFR 40.7,
‘‘Employee Protection.’’
4. By no later than thirty (30) calendar
days after the issuance of this
confirmatory order, CEMC agrees to
enter into a written agreement with its
contractors performing work at the
Washington site that requires
compliance with 10 CFR 40.7,
‘‘Employee Protection.’’
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40628
Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
5. By no later than sixty (60) calendar
days after the issuance of this
confirmatory order, CEMC agrees to
provide training conducted by its
counsel to all Washington site
supervisory employees relating to 10
CFR 40.7, ‘‘Employee Protection’’ and
how to foster a safety-conscious work
environment.
6. By no later than seventy five (75)
calendars days after the issuance of this
confirmatory order, CEMC shall hold
one or more meetings with employees at
the Washington site to emphasize the
company’s policy and management’s
expectation that employees can raise
any nuclear safety concerns without fear
of retaliation.
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.
A request for a hearing must be filed
in accordance with the NRC E-Filing
rule, which the NRC promulgated in
August, 2007, 72 Fed. Reg. 49, 139 (Aug.
8, 2007). The E-Filing process requires
participants to submit and serve
documents over the Internet or, in some
cases, to mail copies on electronic
optical storage media. Participants may
not submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements associated with E-Filing,
at least five (5) days prior to the filing
deadline the requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating; and/or (2) creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
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15:01 Jul 14, 2008
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Information about applying for a digital
ID certificate also is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, it can then submit a request for
a hearing through EIE. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
document through EIE. To be timely,
electronic filings must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request is filed so that they may
obtain access to the document via the EFiling system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by (1)
first-class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, MD, 20852, Attention:
Rulemaking and Adjudications Staff.
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Sfmt 4703
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
Social Security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their works.
If a person (other than the Licensee)
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Order and shall address the
criteria set forth in 10 CFR 2.309(d) and
(f).
If 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 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 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 8th day of July, 2008.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E8–16090 Filed 7–14–08; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40626-40628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16090]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-08778; License No. SMB-1393; EA-08-054]
In the Matter of Chevron Environmental Management Company,
Washington, PA, Decommissioning Project Site; Confirmatory Order
Modifying License (Effective Immediately)
I
Chevron Environmental Management Company (CEMC or Licensee) is the
holder of License No. SMB-1393 issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Part 40. The license
authorizes the decommissioning of the Washington, PA, Decommissioning
Project in accordance with conditions specified therein. The facility
is located in Washington, Pennsylvania.
[[Page 40627]]
This confirmatory order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on June 5, 2008.
II
On July 19, 2007, the NRC's Office of Investigations (OI) issued
its investigative report regarding whether a radiation safety employee
(RSE) was the subject of employment discrimination in violation of 10
CFR 40.7, ``Employee protection.'' In OI Report No. 1-2006-054, OI
concluded that a RSE was discriminated against, in part, for raising
concerns regarding the transportation of potentially contaminated soil
samples over public roads and the monitoring of potentially radioactive
airborne dust caused by the construction work activities at the site.
By letter dated February 29, 2008, the NRC identified to the Licensee
an apparent violation of 10 CFR 40.7, and offered CEMC the opportunity
to provide a written response, attend a pre-decisional 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 CEMC and, if possible, assist the NRC
and CEMC in reaching an agreement. CEMC chose to participate in ADR.
III
On June 5, 2008, the NRC and CEMC met in an ADR session in
Washington, D.C., mediated by a professional mediator, arranged through
Cornell University's Institute on Conflict Resolution. This
confirmatory order is issued pursuant to the agreement reached during
the ADR process. The elements of the agreement consisted of the
following:
1. By no later than thirty (30) calendar days after the issuance of
the confirmatory order, a member of CEMC's senior management
responsible for the Washington site will, in writing, communicate
CEMC's policy, and the expectations of management, to the Washington
site workforce regarding their rights to raise concerns without fear of
retaliation.
2. By no later than thirty (30) calendar days after the issuance of
this confirmatory order, CEMC shall distribute a questionnaire to all
employees at the Washington site to assess, in part, whether employees
understand their rights to raise concerns and solicit their willingness
to raise nuclear safety concerns, if any.
3. By no later than thirty (30) days after the issuance of this
confirmatory order, CEMC agrees to implement a new requirement of its
contractors (including subcontractors) at the Washington site whereby
the contractors would be required to affirm to CEMC, in writing, at the
time that any significant job action is being taken against a
Washington site employee, that such action is not being implemented in
retaliation for the employee raising safety-related concerns or in
retaliation for filing a safety-related complaint either internally or
externally, and to affirm that the job action was taken in compliance
with 10 CFR 40.7, ``Employee Protection.''
4. By no later than thirty (30) calendar days after the issuance of
this confirmatory order, CEMC agrees to enter into a written agreement
with its contractors performing work at the Washington site that
requires compliance with 10 CFR 40.7, ``Employee Protection.''
5. By no later than sixty (60) calendar days after the issuance of
this confirmatory order, CEMC agrees to provide training conducted by
its counsel to all Washington site supervisory employees relating to 10
CFR 40.7, ``Employee Protection'' and how to foster a safety-conscious
work environment.
6. By no later than seventy five (75) calendars days after the
issuance of this confirmatory order, CEMC shall hold one or more
meetings with employees at the Washington site to emphasize the
company's policy and management's expectation that employees can raise
any nuclear safety concerns without fear of retaliation.
On July 2, 2008, CEMC consented to issuing this confirmatory order
with the commitments, as described in Section V below. CEMC further
agreed that this confirmatory order is to be effective upon issuance
and it has waived its right to a hearing.
IV
Since CEMC has agreed to take additional actions to address NRC
concerns, as set forth in Item III above, and NRC has concluded that
its concerns can be resolved through issuance of this confirmatory
order and thereby has agreed not to 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.
I find that the Licensee's commitments as set forth in Section V
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. By no later than thirty
(30) calendar days after the completion of the requirements in Section
V, CEMC is required to notify the NRC in writing and summarizing its
actions.
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 No. SMB-1393 is modified as
follows:
1. By no later than thirty (30) calendar days after the issuance of
this confirmatory order, a member of CEMC's senior management
responsible for the Washington site will, in writing, communicate
CEMC's policy, and the expectations of management, to the Washington
site workforce regarding their rights to raise concerns without fear of
retaliation.
2. By no later than thirty (30) calendar days after the issuance of
this confirmatory order, CEMC shall distribute a questionnaire to all
employees at the Washington site to assess, in part, whether employees
understand their rights to raise concerns and solicit their willingness
to raise nuclear safety concerns, if any.
3. By no later than thirty (30) days after the issuance of this
confirmatory order, CEMC agrees to implement a new requirement of its
contractors (including subcontractors) at the Washington site whereby
the contractors would be required to affirm to CEMC, in writing, at the
time that any significant job action is being taken against a
Washington site employee, that such action is not being implemented in
retaliation for the employee raising safety-related concerns or in
retaliation for filing a safety-related complaint either internally or
externally, and to affirm that the job action was taken in compliance
with 10 CFR 40.7, ``Employee Protection.''
4. By no later than thirty (30) calendar days after the issuance of
this confirmatory order, CEMC agrees to enter into a written agreement
with its contractors performing work at the Washington site that
requires compliance with 10 CFR 40.7, ``Employee Protection.''
[[Page 40628]]
5. By no later than sixty (60) calendar days after the issuance of
this confirmatory order, CEMC agrees to provide training conducted by
its counsel to all Washington site supervisory employees relating to 10
CFR 40.7, ``Employee Protection'' and how to foster a safety-conscious
work environment.
6. By no later than seventy five (75) calendars days after the
issuance of this confirmatory order, CEMC shall hold one or more
meetings with employees at the Washington site to emphasize the
company's policy and management's expectation that employees can raise
any nuclear safety concerns without fear of retaliation.
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.
A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August, 2007, 72 Fed. Reg.
49, 139 (Aug. 8, 2007). The E-Filing process requires participants to
submit and serve documents over the Internet or, in some cases, to mail
copies on electronic optical storage media. Participants may not submit
paper copies of their filings unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the
requestor must contact the Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate). Each requestor will need to
download the Workplace Forms ViewerTM to access the
Electronic Information Exchange (EIE), a component of the E-Filing
system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate
also is available on NRC's public Web site at https://www.nrc.gov/site-
help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance available on the
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the filer submits its
document through EIE. To be timely, electronic filings must be
submitted to the EIE system no later than 11:59 p.m. Eastern Time on
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the document on those participants separately.
Therefore, any others who wish to participate in the proceeding (or
their counsel or representative) must apply for and receive a digital
ID certificate before a hearing request is filed so that they may
obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first-class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, MD, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as Social Security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
Participants are requested not to include copyrighted materials in
their works.
If a person (other than the Licensee) requests a hearing, that
person shall set forth with particularity the manner in which his
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.309(d) and (f).
If 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 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 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 8th day of July, 2008.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E8-16090 Filed 7-14-08; 8:45 am]
BILLING CODE 7590-01-P
