Office of New Reactors; Notice of Availability of the Final Interim Staff Guidance DC/COL-ISG-05 on the Use of the GALE86 Code for Calculation of Routine Radioactive Releases in Gaseous and Liquid Effluents, 41129-41130 [E8-16364]
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Notices
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[FR Doc. E8–15776 Filed 7–16–08; 8:45 am]
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mstockstill on PROD1PC66 with NOTICES
MATTERS TO BE CONSIDERED:
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Office of New Reactors; Notice of
Availability of the Final Interim Staff
Guidance DC/COL–ISG–05 on the Use
of the GALE86 Code for Calculation of
Routine Radioactive Releases in
Gaseous and Liquid Effluents
Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
AGENCY:
SUMMARY: The NRC is issuing its Final
Interim Staff Guidance (ISG) DC/COL–
ISG–05 (ADAMS Accession No.
ML081710264). This interim staff
guidance supplements the guidance
provided to the staff in Chapter 11,
‘‘Radioactive Waste Management,’’ of
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
41129
NUREG–0800, ‘‘Standard Review Plan
for the Review of Safety Analysis
Reports for Nuclear Power Plants,’’
concerning the review of radioactive
releases in gaseous and liquid effluents
(GALE) to support design certification
(DC) and combined license (COL)
applications. This guidance provides a
clarification on the use of a newer
version of the boiling-water reactor and
pressurized-water reactors GALE codes
that is not referenced in the current NRC
guidance.
The NRC staff issues DC/COL–ISGs to
facilitate timely implementation of the
current staff guidance and to facilitate
activities associated with review of
applications for DC and COLs by the
Office of New Reactors. The NRC staff
will also incorporate the approved DC/
COL–ISGs into the next revision to the
review guidance documents for
applications for new reactors, RG 1.206
and RG 1.112.
Disposition: On March 19, 2008, the
staff issued the proposed ISG ‘‘Use of
the GALE86 Code for Calculation of
Routine Radioactive Releases in
Gaseous and Liquid Effluents to Support
Design Certification and Combined
License Applications,’’ (COL/DC–ISG–
005) (ADAMS Accession No.
ML080650651) to solicit public and
industry comment. The staff did not
receive any comments on the draft ISG.
Therefore, the ISG is now being issued
for use.
ADDRESSES: The NRC maintains an
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. These documents
may be accessed through the NRC’s
Public Electronic Reading Room on the
Internet at https://www.nrc.gov/readingrm/adams.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC Public Document Room
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail at pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Timothy J. Frye, Chief, Health Physics
Branch, Division of Construction,
Inspection, & Operational Programs,
Office of the New Reactors, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone 301–415–
3900 or e-mail at timothy.frye@nrc.gov.
SUPPLEMENTARY INFORMATION: The
agency posts its issued staff guidance on
the agency external Web page (https://
www.nrc.gov/reading-rm/doccollections/isg/).
Dated at Rockville, Maryland, this 10th day
of July 2008.
E:\FR\FM\17JYN1.SGM
17JYN1
41130
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Notices
For the Nuclear Regulatory Commission,
William D. Reckley,
Branch Chief, Rulemaking, Guidance and
Advanced Reactors Branch, Division of New
Reactor Licensing Office of New Reactors.
[FR Doc. E8–16364 Filed 7–16–08; 8:45 am]
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[IA–07–069]
In the Matter of Mr. Anthony Fortuna;
Confirmatory Order (Effective
Immediately)
I
Mr. Anthony Fortuna was formerly
employed as a contract electrician by
General Electric Company at Southern
Nuclear Company’s Hatch Nuclear Plant
from February 16 though March 27,
2006.
This Confirmatory Order is the result
of an agreement reached during an
Alternative Dispute Resolution (ADR)
session conducted on June 6, 2008.
mstockstill on PROD1PC66 with NOTICES
II
An investigation was initiated by the
NRC Office of Investigations (OI) on
September 27, 2006, to determine
whether Mr. Fortuna willfully provided
materially inaccurate information to the
Hatch Nuclear Plant in order to gain
unescorted access to the Plant. Based on
the evidence developed during the
investigation, the NRC staff concluded
that on February 6, 2006, in his
response to a Personal History
Questionnaire, Mr. Fortuna deliberately
failed to disclose that he had previously
tested positive on an employer’s drug
test. As a result, he gained unescorted
access to the protected area of the Hatch
Nuclear Plant from February 16 through
March 27, 2006.
In a letter dated March 13, 2008, the
NRC staff advised Mr. Fortuna that his
actions, as described above, constituted
an apparent violation of 10 CFR 50.5,
‘‘Deliberate misconduct.’’ This
regulation states, in relevant part, that
an employee of a contractor for a
licensee who provides goods or services
that relate to a licensee’s activities
conducted under 10 CFR part 50, may
not deliberately submit to a licensee or
a licensee’s contractor, information that
the person submitting the information
knows to be incomplete or inaccurate in
some respect material to the NRC. The
failure to disclose the prior, positive
drug test was material because it
prevented the licensee (Southern
Nuclear Company) from taking the
information from this disclosure into
VerDate Aug<31>2005
21:03 Jul 16, 2008
Jkt 214001
consideration when determining Mr.
Fortuna’s trustworthiness and reliability
prior to granting him access to the Hatch
Nuclear Plant. The letter also informed
Mr. Fortuna that he could address the
apparent violation by requesting a
predecisional enforcement conference,
submitting a response in writing or by
requesting Alternative Dispute
Resolution (ADR) with the NRC. Mr.
Fortuna requested ADR.
III
On June 6, 2008, the NRC and Mr.
Fortuna met in an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Institute on Conflict Resolution. ADR is
a process in which a neutral mediator
with no decision-making authority
assists the parties in reaching an
agreement or resolving any differences
regarding their dispute. This
confirmatory order is issued pursuant to
the agreement reached during the ADR
process. The elements of the agreement
consist of the following:
1. Mr. Fortuna agrees that his actions,
as described above, were in violation of
10 CFR 50.5, and he acknowledges the
seriousness of this matter and the
potential impact his actions had on the
ability of NRC licensees to establish and
maintain an effective access
authorization program.
2. Should he become involved in
licensed activities in the future, Mr.
Fortuna agrees to comply with all
licensee and regulatory requirements,
including the requirement to accurately
complete documentation associated
with gaining access authorization to
NRC licensed facilities.
3. Although Mr. Fortuna
acknowledges that his failure to disclose
the prior positive drug test was a
deliberate act undertaken for the
purpose of obtaining employment at the
Hatch plant, he also agrees to seek all
necessary assistance in gaining
clarification of questions contained in
access authorization and other licensee
supplied documentation required to be
completed for employment at the
licensee’s facility, should he become
involved in licensed activities in the
future.
4. The NRC and Mr. Fortuna agree
that the above elements will be
incorporated into a Confirmatory Order.
5. In consideration of the above, the
NRC agrees to exercise enforcement
discretion to forego issuance of a Notice
of Violation to Mr. Fortuna (IA–07–069).
On June 6, 2008, Mr. Fortuna
consented to issuance of this Order with
the commitments, as described in
Section V below. Mr. Fortuna further
agreed that this Order is to be effective
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
upon issuance and that he has waived
his right to a hearing.
IV
Since Mr. Fortuna has agreed to take
actions to address NRC concerns, as set
forth in Section III above, the NRC has
concluded that its concerns can be
resolved through issuance of this Order.
I find that Mr. Fortuna’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 public health and safety require
that Mr. Fortuna’s commitments be
confirmed by this Order. Based on the
above and Mr. Fortuna’s consent, this
Order is immediately effective upon
issuance.
V
Accordingly, pursuant to Sections
104b, 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:
a. Should he become involved in
licensed activities in the future, Mr.
Fortuna agrees to comply with all
licensee and regulatory requirements,
including the requirement to accurately
complete documentation associated
with gaining access authorization to
NRC licensed facilities.
b. Although Mr. Fortuna
acknowledges that his failure to disclose
the prior positive drug test was a
deliberate act undertaken for the
purpose of obtaining employment at the
Hatch plant, he also agrees to seek all
necessary assistance in gaining
clarification of questions contained in
access authorization and other licensee
supplied documentation required to be
completed for employment at the
licensee’s facility, should he become
involved in licensed activities in the
future.
The Regional Administrator, NRC
Region II, may relax or rescind, in
writing, any of the above conditions
upon a showing by Mr. Fortuna of good
cause.
VI
Any person adversely affected by this
Confirmatory Order, other than Mr.
Fortuna, 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 directed to the Director, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Notices]
[Pages 41129-41130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16364]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Office of New Reactors; Notice of Availability of the Final
Interim Staff Guidance DC/COL-ISG-05 on the Use of the GALE86 Code for
Calculation of Routine Radioactive Releases in Gaseous and Liquid
Effluents
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The NRC is issuing its Final Interim Staff Guidance (ISG) DC/
COL-ISG-05 (ADAMS Accession No. ML081710264). This interim staff
guidance supplements the guidance provided to the staff in Chapter 11,
``Radioactive Waste Management,'' of NUREG-0800, ``Standard Review Plan
for the Review of Safety Analysis Reports for Nuclear Power Plants,''
concerning the review of radioactive releases in gaseous and liquid
effluents (GALE) to support design certification (DC) and combined
license (COL) applications. This guidance provides a clarification on
the use of a newer version of the boiling-water reactor and
pressurized-water reactors GALE codes that is not referenced in the
current NRC guidance.
The NRC staff issues DC/COL-ISGs to facilitate timely
implementation of the current staff guidance and to facilitate
activities associated with review of applications for DC and COLs by
the Office of New Reactors. The NRC staff will also incorporate the
approved DC/COL-ISGs into the next revision to the review guidance
documents for applications for new reactors, RG 1.206 and RG 1.112.
Disposition: On March 19, 2008, the staff issued the proposed ISG
``Use of the GALE86 Code for Calculation of Routine Radioactive
Releases in Gaseous and Liquid Effluents to Support Design
Certification and Combined License Applications,'' (COL/DC-ISG-005)
(ADAMS Accession No. ML080650651) to solicit public and industry
comment. The staff did not receive any comments on the draft ISG.
Therefore, the ISG is now being issued for use.
ADDRESSES: The NRC maintains an Agencywide Documents Access and
Management System (ADAMS), which provides text and image files of NRC's
public documents. These documents may be accessed through the NRC's
Public Electronic Reading Room on the Internet at https://www.nrc.gov/
reading-rm/adams.html. Persons who do not have access to ADAMS or who
encounter problems in accessing the documents located in ADAMS should
contact the NRC Public Document Room reference staff at 1-800-397-4209,
301-415-4737, or by e-mail at pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Timothy J. Frye, Chief, Health
Physics Branch, Division of Construction, Inspection, & Operational
Programs, Office of the New Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone 301-415-3900 or e-mail
at timothy.frye@nrc.gov.
SUPPLEMENTARY INFORMATION: The agency posts its issued staff guidance
on the agency external Web page (https://www.nrc.gov/reading-rm/doc-
collections/isg/).
Dated at Rockville, Maryland, this 10th day of July 2008.
[[Page 41130]]
For the Nuclear Regulatory Commission,
William D. Reckley,
Branch Chief, Rulemaking, Guidance and Advanced Reactors Branch,
Division of New Reactor Licensing Office of New Reactors.
[FR Doc. E8-16364 Filed 7-16-08; 8:45 am]
BILLING CODE 7590-01-P