In the Matter of Dhiraj Soni; Order Prohibiting Involvement in NRC-Licensed Activities, 7930-7932 [E9-3627]

Download as PDF 7930 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC’s analysis of the Licensee’s final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release and for license termination. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC’s unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Commonwealth of Virginia Department of Health for review on January 13, 2009. On January 15, 2009, the Commonwealth of Virginia Department of Health responded by electronic mail. The Commonwealth agreed with the conclusions of the EA and otherwise had no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. NUCLEAR REGULATORY COMMISSION IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance;’’ 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination;’’ 3. Title 10, Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;’’ 4. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ 5. Mary Washington College Termination Request Letter dated December 11, 2008 (ML083640157); and 6. Mary Washington College Additional Information Letter dated January 5, 2009 (ML090090112). If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to PDR.Resource@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. I Dated at Region I, 475 Allendale Road, King of Prussia this 11th day of February 2009. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E9–3623 Filed 2–19–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 [IA–08–022; NRC–2009–0067] In the Matter of Dhiraj Soni; Order Prohibiting Involvement in NRCLicensed Activities Dhiraj Soni is the former Vice President of Eastern Testing and Inspection, Inc. (ETI) (Licensee) in Thorofare, New Jersey. ETI holds License No. 29–09814–01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR part 30 in 1964. The license authorizes possession and use of sealed radioactive sources for use in radiographic exposure devices and in portable gauge devices, and possession and use of radioactive material for shielding for radiographic and source changer equipment in accordance with the conditions specified therein. II An investigation of licensed activities was conducted by the NRC Office of Investigations (OI) at the Licensee’s facility in Thorofare, New Jersey. The OI investigation was completed on October 26, 2007. The investigation was conducted, in part, to determine whether ETI deliberately provided the NRC inaccurate information related to compliance with an NRC Order issued to ETI (ETI Order) and contrary to 10 CFR 30.9, ‘‘Completeness and accuracy of information.’’ Based on information from the investigation, inspection, and after review of a written response from Dhiraj Soni, the NRC concluded that Dhiraj Soni was in violation of 10 CFR 30.10, ‘‘Deliberate misconduct,’’ by deliberately causing ETI to be in violation of 10 CFR 30.9 when he provided inaccurate information to the company that was, in turn, provided to the NRC on behalf of ETI to demonstrate actions toward compliance with the ETI Order. The NRC also concluded that Dhiraj Soni was in violation of 10 CFR 30.10 by deliberately providing inaccurate information in verbal statements made to an NRC inspector on September 20, 2006. During the investigation, Dhiraj Soni gave inconsistent statements in his sworn testimony regarding his actions at issue. Further, the sworn testimony of law enforcement officers and an NRC inspector contradict the exculpatory testimony and statements of Dhiraj Soni. Due to Dhiraj Soni’s inconsistent statements and the consistent statements of law enforcement officers and the NRC inspector, the NRC does E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices not credit Dhiraj Soni’s statements as an accurate portrayal of the events at issue. III Based on the above, the NRC concluded that Dhiraj Soni, a Licensee official, specifically the Vice President of the Licensee at the time of the violations, engaged in deliberate misconduct that caused the Licensee, ETI, to be in violation of 10 CFR 30.9, ‘‘Completeness and accuracy of information’’ in two separate communications to the NRC regarding its actions toward compliance with the ETI Order. As such, Dhiraj Soni was in violation of 10 CFR 30.10, ‘‘Deliberate misconduct,’’ which states, in part, that any Licensee or employee of a Licensee may not engage in deliberate misconduct that causes a Licensee to be in violation of any rule, regulation, or order issued by the Commission. Dhiraj Soni also engaged in deliberate misconduct in violation of 10 CFR 30.10 by deliberately providing inaccurate information in verbal statements made to an NRC inspector on September 20, 2006. The NRC must be able to rely on the Licensee and its employees to comply with NRC requirements, including the requirement to provide complete and accurate information at all times. Dhiraj Soni’s action in causing the Licensee to violate 10 CFR 30.9, and in his violation of 10 CFR 30.10, raises serious doubt as to whether he can be relied upon to comply with NRC requirements. Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with the Commission’s requirements and that the public health, safety, and interest of the public will be protected if Dhiraj Soni were permitted at this time to be involved in NRClicensed activities. Therefore, the public health, safety and interest require that Dhiraj Soni be prohibited from any involvement in NRC-licensed activities for a period of one year from the effective date of this Order. IV Accordingly, pursuant to sections 81, 161b, 161i, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, it is hereby ordered that: 1. Dhiraj Soni is prohibited for one year from the date of the effectiveness of this Order from engaging in NRClicensed activities. NRC-licensed activities are those activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to, those VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 activities of Agreement State licensees conducted pursuant to the authority granted by 10 CFR 150.20. 2. If Dhiraj Soni is currently involved with another entity involved in NRClicensed activities, he must immediately cease those activities, and inform the NRC of the name, address and telephone number of that entity, and provide a copy of this Order to the entity. The Director, OE, may, in writing, relax or rescind any of the above conditions upon demonstration by Dhiraj Soni of good cause. V In accordance with 10 CFR 2.202, Dhiraj Soni must submit an answer to this Order within 20 days of its issuance. If security-related information is included in the response, please mark the entire response, ‘‘Security-Related Information—Withhold Under 10 CFR 2.390.’’ If the response does not contain any sensitive, security-related information, the NRC will make the response publicly available. Further, to the extent possible, any response provided should not include any personal privacy or proprietary information. In addition, Dhiraj Soni and any other person adversely affected by this Order may request a hearing on this Order within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension. The answer shall be in writing and under oath and affirmation. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall specifically admit or deny each allegation or charge made in this Order and shall set for the matters of fact and law on which Dhiraj Soni or other person adversely affected relies on the reasons as to why the Order should not have been issued. Any answer to this Order shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC 20555–0001. Copies shall also be sent to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; the Assistant General Counsel for Materials Litigation and Enforcement at the same address; Region Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA 19406–1415. A copy of the answer shall be provided to Dhiraj Soni, if the answer is by a person other than Dhiraj Soni. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 7931 If a hearing request is submitted, the NRC will make the request publicly available. Therefore, the request should not include any security-related, personal, proprietary, or other sensitive information in the hearing request, or, in the alternative, provide a redacted copy of the hearing request that does not include such information. A copy of the hearing request shall be provided to Dhiraj Soni by the requester, if the request is made by a person other than Dhiraj Soni. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 (Aug. 28, 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. 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. E:\FR\FM\20FEN1.SGM 20FEN1 7932 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices 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, Maryland, 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 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 VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 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 Dhiraj Soni 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 a hearing is requested by Dhiraj Soni or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), Dhiraj Soni, or any other person adversely affected by this Order, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. The motion must state with particularity the reasons why the order is not based on adequate evidence and must be accompanied by affidavits or other evidence relied on. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 10th day of February 2009. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E9–3627 Filed 2–19–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [IA–08–023; NRC–2009–0068] In the Matter of Himat Soni; Order Prohibiting Involvement In NRCLicensed Activities I Himat Soni is the President and part owner of Eastern Testing and Inspection, Inc. (ETI) (Licensee) in Thorofare, New Jersey. ETI holds License No. 29–09814–01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR part 30 in 1964. The license authorizes possession and use of sealed radioactive sources for use in radiographic exposure devices and in portable gauge devices, and possession and use of radioactive material for shielding for radiographic and source changer equipment in accordance with the conditions specified therein. Himat Soni is listed on the license as the Radiation Safety Officer. II An investigation of licensed activities was conducted by the NRC Office of Investigations (OI) at ETI’s facility at Thorofare, New Jersey. The OI investigation was completed on October 26, 2007. The investigation was conducted, in part, to determine whether a deliberate violation of an NRC Order issued to ETI (ETI Order), required to be met by May 13, 2006, occurred. Based on information from the investigation, inspection, and after review of a written response from Himat Soni, the NRC concluded that Himat Soni deliberately caused ETI to be in violation of the ETI Order, from May 13, 2006 to November 17, 2006. As required by the ETI Order, Himat Soni signed an ETI letter that acknowledged the requirements of the ETI Order and specifically addressed the status and anticipated compliance date of May 1, 2006 for those requirements where ETI was only in partial compliance, which included the requirement at issue. In addition, in sworn testimony by Himat Soni, he stated that he understood the ETI Order requirements and date of compliance. He was also informed by a Department of Energy contractor, in a letter dated April 20, 2006, about necessary actions to meet compliance by the May 13, 2006 date. Additionally, Himat Soni was informed by an NRC inspector, in September 2006, of the need to achieve compliance with the requirement found to be in violation. However, Himat Soni deliberately caused ETI, on May 13, E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Notices]
[Pages 7930-7932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3627]


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NUCLEAR REGULATORY COMMISSION

[IA-08-022; NRC-2009-0067]


In the Matter of Dhiraj Soni; Order Prohibiting Involvement in 
NRC-Licensed Activities

I

    Dhiraj Soni is the former Vice President of Eastern Testing and 
Inspection, Inc. (ETI) (Licensee) in Thorofare, New Jersey. ETI holds 
License No. 29-09814-01 issued by the Nuclear Regulatory Commission 
(NRC or Commission) pursuant to 10 CFR part 30 in 1964. The license 
authorizes possession and use of sealed radioactive sources for use in 
radiographic exposure devices and in portable gauge devices, and 
possession and use of radioactive material for shielding for 
radiographic and source changer equipment in accordance with the 
conditions specified therein.

II

    An investigation of licensed activities was conducted by the NRC 
Office of Investigations (OI) at the Licensee's facility in Thorofare, 
New Jersey. The OI investigation was completed on October 26, 2007. The 
investigation was conducted, in part, to determine whether ETI 
deliberately provided the NRC inaccurate information related to 
compliance with an NRC Order issued to ETI (ETI Order) and contrary to 
10 CFR 30.9, ``Completeness and accuracy of information.'' Based on 
information from the investigation, inspection, and after review of a 
written response from Dhiraj Soni, the NRC concluded that Dhiraj Soni 
was in violation of 10 CFR 30.10, ``Deliberate misconduct,'' by 
deliberately causing ETI to be in violation of 10 CFR 30.9 when he 
provided inaccurate information to the company that was, in turn, 
provided to the NRC on behalf of ETI to demonstrate actions toward 
compliance with the ETI Order. The NRC also concluded that Dhiraj Soni 
was in violation of 10 CFR 30.10 by deliberately providing inaccurate 
information in verbal statements made to an NRC inspector on September 
20, 2006.
    During the investigation, Dhiraj Soni gave inconsistent statements 
in his sworn testimony regarding his actions at issue. Further, the 
sworn testimony of law enforcement officers and an NRC inspector 
contradict the exculpatory testimony and statements of Dhiraj Soni. Due 
to Dhiraj Soni's inconsistent statements and the consistent statements 
of law enforcement officers and the NRC inspector, the NRC does

[[Page 7931]]

not credit Dhiraj Soni's statements as an accurate portrayal of the 
events at issue.

III

    Based on the above, the NRC concluded that Dhiraj Soni, a Licensee 
official, specifically the Vice President of the Licensee at the time 
of the violations, engaged in deliberate misconduct that caused the 
Licensee, ETI, to be in violation of 10 CFR 30.9, ``Completeness and 
accuracy of information'' in two separate communications to the NRC 
regarding its actions toward compliance with the ETI Order. As such, 
Dhiraj Soni was in violation of 10 CFR 30.10, ``Deliberate 
misconduct,'' which states, in part, that any Licensee or employee of a 
Licensee may not engage in deliberate misconduct that causes a Licensee 
to be in violation of any rule, regulation, or order issued by the 
Commission. Dhiraj Soni also engaged in deliberate misconduct in 
violation of 10 CFR 30.10 by deliberately providing inaccurate 
information in verbal statements made to an NRC inspector on September 
20, 2006.
    The NRC must be able to rely on the Licensee and its employees to 
comply with NRC requirements, including the requirement to provide 
complete and accurate information at all times. Dhiraj Soni's action in 
causing the Licensee to violate 10 CFR 30.9, and in his violation of 10 
CFR 30.10, raises serious doubt as to whether he can be relied upon to 
comply with NRC requirements.
    Consequently, I lack the requisite reasonable assurance that 
licensed activities can be conducted in compliance with the 
Commission's requirements and that the public health, safety, and 
interest of the public will be protected if Dhiraj Soni were permitted 
at this time to be involved in NRC-licensed activities. Therefore, the 
public health, safety and interest require that Dhiraj Soni be 
prohibited from any involvement in NRC-licensed activities for a period 
of one year from the effective date of this Order.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 182 and 186 of 
the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, it is 
hereby ordered that:
    1. Dhiraj Soni is prohibited for one year from the date of the 
effectiveness of this Order from engaging in NRC-licensed activities. 
NRC-licensed activities are those activities that are conducted 
pursuant to a specific or general license issued by the NRC, including, 
but not limited to, those activities of Agreement State licensees 
conducted pursuant to the authority granted by 10 CFR 150.20.
    2. If Dhiraj Soni is currently involved with another entity 
involved in NRC-licensed activities, he must immediately cease those 
activities, and inform the NRC of the name, address and telephone 
number of that entity, and provide a copy of this Order to the entity.
    The Director, OE, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Dhiraj Soni of good cause.

V

    In accordance with 10 CFR 2.202, Dhiraj Soni must submit an answer 
to this Order within 20 days of its issuance. If security-related 
information is included in the response, please mark the entire 
response, ``Security-Related Information--Withhold Under 10 CFR 
2.390.'' If the response does not contain any sensitive, security-
related information, the NRC will make the response publicly available. 
Further, to the extent possible, any response provided should not 
include any personal privacy or proprietary information. In addition, 
Dhiraj Soni and any other person adversely affected by this Order may 
request a hearing on this Order within 20 days of its issuance. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and include a statement of good cause for the 
extension.
    The answer shall be in writing and under oath and affirmation. The 
answer may consent to this Order. Unless the answer consents to this 
Order, the answer shall specifically admit or deny each allegation or 
charge made in this Order and shall set for the matters of fact and law 
on which Dhiraj Soni or other person adversely affected relies on the 
reasons as to why the Order should not have been issued. Any answer to 
this Order shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC 
20555-0001. Copies shall also be sent to: Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address; Region Administrator, NRC Region I, 
475 Allendale Road, King of Prussia, PA 19406-1415. A copy of the 
answer shall be provided to Dhiraj Soni, if the answer is by a person 
other than Dhiraj Soni.
    If a hearing request is submitted, the NRC will make the request 
publicly available. Therefore, the request should not include any 
security-related, personal, proprietary, or other sensitive information 
in the hearing request, or, in the alternative, provide a redacted copy 
of the hearing request that does not include such information. A copy 
of the hearing request shall be provided to Dhiraj Soni by the 
requester, if the request is made by a person other than Dhiraj Soni.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 
(Aug. 28, 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.

[[Page 7932]]

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, Maryland, 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 Dhiraj Soni 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 a hearing is requested by Dhiraj Soni or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
the time and place of any hearings. If a hearing is held, the issue to 
be considered at such hearing shall be whether this Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), Dhiraj Soni, or any other person 
adversely affected by this Order, may, in addition to demanding a 
hearing, at the time the answer is filed or sooner, move the presiding 
officer to set aside the immediate effectiveness of the Order on the 
ground that the Order, including the need for immediate effectiveness, 
is not based on adequate evidence but on mere suspicion, unfounded 
allegations, or error. The motion must state with particularity the 
reasons why the order is not based on adequate evidence and must be 
accompanied by affidavits or other evidence relied on.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    Dated this 10th day of February 2009.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-3627 Filed 2-19-09; 8:45 am]
BILLING CODE 7590-01-P
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